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16/12/2024
£750,000 settlement of a head injury claim where C’s pattern of test scores on neuropsychological testing suggested a full recovery.
The challenge in this case was to demonstrate the operation of the ‘frontal lobe paradox’ in neuropsychological testing, in which the structured nature of the testing failed to mimic the challenges of daily life.
C reported profound cognitive fatigue and episodic headaches that impaired his ability to cope with full time graduate employment.
D was unconvinced and was not prepared to concede > £85,000 towards the claim.
The parties moved away from to their respective best case positions in negotiation.