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.
15/09/2022
Richard Wilkinson represented young Claimant, then aged 20, who sustained complex injuries after she fell off the bonnet of her boyfriend’s moving car following an argument between them. The accident circumstances were both unusual and hotly disputed, with the presentation of C’s case made more difficult by her inability to recall events due to the nature of injuries sustained. C sued in assault and negligence, asserting that D had driven into her as she tried to stop him leaving, forcing her onto the bonnet, with D alleging that C had chosen to climb onto an already moving vehicle.
The quantum aspects of the claim were not straightforward either. Since leaving school C had not settled into a career but her case was that she had hoped to become a nurse / mid-wife. As a result of the accident those plans had, at the least, been set back. She sustained a traumatic brain injury which unfortunately resulted in the subsequent onset of epilepsy. These seizures had been brought under good control with medication but the Claimant also developed a non-epileptic attack disorder (psychologically induced episodes similar to epilepsy) which were proving more difficult to treat and which carried a less certain long-term prognosis.
The claim settled at JSM a few weeks before trial, without admission of liability, on terms that saw C recover a lump sum of £750,000 with D also discharging the CRU liability of £53,000.
