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.
24/06/2025
| £1.1m settlement of a TBI claim involving a 33 year old manual worker in a rear end shunting road accident. C sustained a technically ‘moderate / severe TBI’ per the Mayo classification characterised by trace evidence on an MRI scan > 5 years post-accident of ‘left parietal microhaemorrhage’ and a significant whiplash injury leaving him with chronic post-concussion symptoms and chronic pain. He had congenital ADHD. He brought a substantial claim for loss of earnings predicated on an assumption that he would be unlikely to recover anything more than sporadic part time low-grade employment subject to a disabled unemployed Ogden Reduction Factor. He advanced expert evidence relying on academic literature supporting a proposition that prior ADHD was a poor prognostic factor following TBI, and on the correlation linking a poor outcome following TBI where there is overlapping chronic pain. D conceded less than £54,000 in her Counter Schedule, after instructing a battery of neuro experts who sought to minimise the severity of the TBI by referencing different TBI severity classifications, suggesting that his presentation was mediated by unrelated prior psychiatric vulnerability and/or iatrogenic illness beliefs from being involved in litigation in which he had been advised he had sustained a significant TBI. The case settled 20 days before a 7-day trial in the High Court. |
