Clarke v. Maltby – (Brain Injury)


Practice Areas

Personal Injury

Cases Citation

[2010] EWHC Civ 1201 (QB) – Owen J

Substantial Award of Damages for Claimant with Subtle Brain Injury

Marcus Grant acted for the Claimant who sustained a subtle brain injury in a road traffic acciden in the case Clarke v Maltby (High Court, Owen J). Prior to the accident, the Claimant was a solicitor in private practice specialising in banking related transactions. The central issue before the Court was the extent to which the brain injury had affected her capacity to function as a solicitor specialising in this practice area. The Claimant contended that she suffered a range of problems including mental fatigue, cognitive dysfunction, disinhibition, temper, impaired memory and concentration symptoms and compromised and inappropriate speech and word finding. The Defendant contended that the extent of the Claimant’s symptoms was exaggerated. Mr. Justice Owen found that the Claimant’s continuing symptoms were obvious and genuine and the evidence compelled the conclusion that the Claimant would not be able to sustain the required performance as a solicitor undertaking transactional work. The Claimant was awarded damages in excess of £950,000, including over £750,000 for future loss of earnings.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993

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TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or