James Arney KC and Marcus Grant Secured £4.8 m settlement for a 33-year-old TBI survivor

08/01/2026

James Arney KC and Marcus Grant represented the Claimant who was left with enduring symptoms.

James Arney KC and Marcus Grant were each instructed by Navdip Gill from Geoffrey Leaver to represent his client, the Claimant (“C”) who sustained a moderately severe TBI resulting in a mild dysexecutive syndrome and mild to moderate personality change following a road accident.

At the time of the accident C was a capable 29-year-old property developer, professional landlord and property management agent.

It was agreed between the parties that the TBI was sufficient to prevent her returning to her pre-accident level of work.

On the Defendant’s case there was scope for significant further rehabilitation that would extinguish the need for any ongoing case management or rehab assistant support beyond the anniversary of settlement and pave the way for her to return to part time less stressful employment.

Beyond that, there remained a wide divergence of opinion between the parties.

On C’s case she would never return to remunerative employment and required a light touch case management support regime for life with input from a rehab assistant, case manager and a nanny together with a life-time contingency for neuropsychological and neuropsychiatric treatment.

C’s ‘but for’ loss of earnings claim was unusual with several overlapping earning streams that needed to reflect the evolving nature of the private landlord and property development markets in light of progressive changes to capital gains and inheritance tax legislation. Insight into how Judges approach injured individuals who run family businesses was crucial.

The medical side of the case required insight and evidence into the limitations of using validity testing and subjective responses on personality batteries to attempt to undermine the veracity of a patient’s neuro-psychological presentation.

The case settled through negotiation.