AXW v. BXY (Unrep) 03.12.2018
3rd December 2018
Dingemans J approved a £4.78m settlement for a 26-year-old motorcycle head injury crash victim who was left with enduring behavioural symptoms when he was aged 20. Marcus Grant represented the Claimant.
The Claimant was an apprentice vehicle diagnostician when he had the accident. On his case, the legacy of his technically ‘severe’ TBI was a dysexecutive syndrome that affected his judgment centre. His neuropsychological test scores were unremarkable; however, six years later, after the benefit of neurological rehabilitation, he was unable to hold down remunerative employment by reason of his dysexecutive presentation. He needed support from a Case Manager and Support Workers to supplement the gratuitous assistance he received from his wife and mother. On his case, his dysexecutive syndrome displaced the presumption of capacity to litigate and manage his financial affairs. Further, on his case, there was no scope for further improvement and he faced a heightened risk of dementia and marriage breakdown.
The Defendant challenged whether he had a dysexecutive syndrome at all, suggesting that his behavioural issues were mediated largely by pre-existing personality traits and post-accident psycho-social stressors overlaying a brain injury from which he had made a good recovery. The Defendant contended that he was capable of learning strategies from his support workers to cope with much greater independence in life, even to the point of possibly managing some low-grade part time remunerative employment. The heightened risk of dementia and marriage failure were denied. It was contended that the presumption of capacity was not displaced.
The settlement reflected a compromise between the Parties’ respective positions.