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K v M

27/07/2020

Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court case that settled at a JSM for £1.6 million. The Claimant was involved in a high-speed collision that fatally injured his brother. He suffered multiple injuries, including compound splintered fracturing at the proximal end of the ulna bone (olecranon), with bone loss involving the articular surface of the ulna at the elbow; and displaced, comminuted fracturing at the shafts of the radius and ulna. The left elbow fracture had failed to unite, which meant that he would need complex surgery and, further in the future, an elbow replacement and revision procedures.

It was eventually conceded that the Claimant could not return to his job as an air conditioning engineer but there remained significant dispute as to his pre- and post-injury earning capacity. The claim ultimately settled at a pre-trial JSM on 21 July 2020 on the basis that he would need life-long care and assistance; is now only likely to be capable of part-time minimum wage employment; and should be considered fully (i.e., at least ‘averagely’) disabled for the purpose of calculating his claim for loss of earning capacity using the disabled Reduction Factors in the Ogden 8 actuarial tables.

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Lionel Stride

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