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James Arney KC, instructed by Grant Incles from Leigh Day, appeared on behalf of a 43-year-old Claimant who suffered a below the knee amputation as an RTA passenger. Damages were secured for £4.1 million at the quantum only trial. William Audland KC appeared on behalf of the Defendant.
The Claimant recovered damages for 5 different prosthetic limbs: a primary microprocessor limb, an alternate everyday limb with cosmesis, a water activity limb with cosmesis, a running blade and ski limb.
The Claimant was awarded sports massage therapy (claimed at £72,626) for life, in addition to physiotherapy and other treatments.
She was also awarded the cost of flight upgrades for herself and her family (based on one long haul and two short haul flights per year), the court accepting that the Claimant would in her uninjured state have travelled with her husband and children and it is reasonable to permit her to do the same post-accident. Flight upgrades for the children were awarded until they reached 18, including those for a child not yet conceived (£243,877 awarded).
The case has proceeded on appeal as the test case against the Roberts v Johnstone formula for quantifying loss relating to the purchase of special accommodation, the court at first instance having found that she needed an additional £900,000 to purchase a suitable property. The trial judge felt compelled to award no loss under this head due to the negative discount rate.
Led by Derek Sweeting KC of 7 Bedford Row, James Arney continued to represent the Claimant at the appeal hearing heard in late June 2020 by the Court of Appeal consisting of Lord Justice Irwin, Lord Justice Underhill and Lady Justice Davies. Judgement is currently awaited.