Clarke v. Maltby – (Brain Injury)
 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.