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.
07/08/2024
Anthony Johnson (instructed by Michael Wangermann of Ashtons Legal) represented the Claimant, a 42-year-old motorcyclist who suffered extremely serious injuries in a road traffic collision with a tractor that was towing a trailer. The Claimant suffered a spinal cord injury with an ASIA impairment scale score A with a sensory level of C7. He was confined to a (powered) wheelchair that he was able to operate independently. The parties reached a negotiated settlement pre-issue in the sum of £3.45M.
There were two significant complicating features in relation to the settlement that was achieved. Firstly, both primary liability and contributory negligence were strongly disputed. The parties negotiated on the basis of a global lump sum settlement, which had to be adjusted to factor in the litigation risk posed by the respective arguments on liability.
Secondly, settlement was reached at a very early juncture in the litigation when the evidence that was available to advise upon settlement was fairly limited. It was necessary for the Claimant’s representatives to make projections about the likely progression of his claim in relation to, inter alia, medico-legal evidence, future medical treatment, future care requirements, accommodation, aids and equipment etc.
