Chan v. London Bus Company (Unrep) 14.11.19

14th November 2019

Practice Areas

Personal Injury

A 51-year-old IT Trainer sustained a brain injury in a cycling accident in London when cut up by a bus.

It took him 4 years to secure a liability compromise 99% in his favour before any rehabilitation could commence.

He was left with acute fatigue and a reduced ability to cope with hassle and reduced motivation and heightened anger. He was unable to return to his career, but his loss of earnings was militated by a generous PHI policy paying 75% of his salary at the time of the accident.

The battleground between the parties was whether so many years post-accident he needed, or would accept a comprehensive support package comprising a head injury trained case manager and some support worker involvement for the rest of his working life.

A further issue between the Parties was whether there was a heightened dementia risk in old age and, if so, whether it should be quantified now on a chance basis rather then tied up on a provisional damages award.

It was agreed that he had borderline capacity with the presumption of capacity provided under the mental Capacity Act 2015 preserved.

The parties negotiated a compromise of these issues with a lump sum award of £700,000.

The Defendant asked for the settlement to be approved by a Master by reference to the Court’s inherent jurisdiction under s. 19(1) of the Senior Courts Act 1981, applying the principle established by Teare J in Coles v. Perfect [2013] EWHC 1955, notwithstanding the fact that the presumption of capacity was not displaced.

Master Cook acceded to that request and approved the settlement.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993

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