Home / Cases / K v M (Unrep)

K v M (Unrep)


Dates of case

Recovered an additional £266,000 for a  Pro Bono client in a professional negligence claim against a solicitor.

Acting through Advocate, the Pro Bono Charity of the Bar, Marcus represented a young solicitor in a professional negligence claim against her former solicitor for under-settling her claim for damages for post traumatic fibromyalgia following a car accident.

Her claim was settled shortly before the third anniversary of the accident for £95,000 after a draft Schedule of Loss was presented quantifying her future loss of earning capacity by reference to a modest claim for a Blamire award, at a time when all treatment options had not been exhausted, and the prognosis for further recovery was guarded.

The professional negligence claim was framed on the basis that a reasonable and competent injury solicitor would have involved a specialist post traumatic fibromyalgia counsel who would have advised against settling for £95,000; instead they would have recommended starting proceedings and monitoring the prognosis as the Claimant exhausted all treatment options recommended by her medico-legal rheumatologist before reverting to him for a final prognosis.

Further, it was alleged that on the facts of the case, that it was negligent to present the Claimant’s future loss of earning capacity claim by reference to a broad brush Blamire approach when binding case law (Bullock v Atlas Ward Structures Ltd [2008] EWCA Civ 194 & Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145) suggested that such an approach should only be adopted if a multiplier-multiplicand approach would throw up an obviously unreal result.

The claim settled for a further £266,000 through negotiations at a JSM with the professional indemnity insurer and its Counsel, without the need to issue proceedings.

Related Barristers

Personal Injury
Clinical Negligence

Marcus Grant

Call 1993

Read more

Related Practice Areas

Personal Injury
Professional Negligence



Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)