Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
24/08/2018
Marcus Grant represented the Claimant, a 31-year-old highway worker, who recovered £643,000 in respect of a brachial plexus injury to his non-dominant arm sustained in a motorcycle accident where liability was contested.
It was common ground that C was riding his motorcycle too fast through a residential street in Ipswich, subject to a 30 mph speed limit, when D, travelling in a car in the opposite direction, turned right across his path. It was common ground that D did not see the motorcycle before impact.
Reconstruction experts were not agreed on C’s speed prior to braking. C’s expert estimated it to have been c. 45-50 mph; D’s expert’s estimate was in excess of 65 mph.
Recent case law in June 2018 from the QBD in Macpherson v. Smith [2018] EWHC Civ 1433 suggested that the range of contributory negligence against C was likely to be between 50% and 75% depending upon which reconstruction expert’s evidence was preferred.
The case settled through negotiation part way between the Parties’ best positions.
