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10/06/2025
Anthony Johnson (instructed by Michael Wangermann of Ashtons Legal) representing the Claimant and Peter Freeman (instructed by Lisa Collins of DWF) representing the Defendants managed to reach a compromise of numerous disputed issues culminating in a gross negotiated settlement of £1.11M. The claim concerned a 45-year-old cyclist who suffered serious injuries as a result of a road traffic accident involving a large motor vehicle. There were serious lower limb injuries, though it was not until a significant period post-accident that the decision was taken for elective above-knee amputation. There were numerous obstacles to settlement. Primary liability and contributory negligence were hotly disputed, with the parties holding diametrically opposing views very firmly. Post-amputation, the Claimant had significant care, prosthetic and accommodation needs. However, expert quantum evidence was only in its embryonic stage. Proceedings had been issued in the High Court and directions given towards a 4-day liability trial which would not take place until 2026. Following an initial discussion at TGC’s Faster, Fairer, Friendlier: Collaborative Litigation in Personal Injury Conference in October 2024, both Counsel agreed on the desirability of a collaborative approach, agreeing dates for exchange of Accident Reconstruction evidence, and Position Statements ahead of a Joint Settlement Meeting to be held at the earliest possible opportunity. That JSM involved forensic analysis of all of the evidence and detailed discussions on all issues and heads of claim that the Court would be asked to determine in due course. The resultant settlement led to the claim being resolved months or years sooner than might have otherwise been the case, with significant savings for both sides in terms of costs, efforts and emotional stress. |