Case

E v. S (Unrep) 08.06.20

08.06.20

Practice Areas

Personal Injury

Cases Citation

(Unrep)

The Claimant, a 57-year-old dry liner, recovered £750,000 in a negotiated settlement of a claim for brain injury and orthopaedic injuries sustained in a work place accident. He was left with an enduring cluster of physical, vestibular, cognitive, behavioural and psychological symptoms.

His case was presented on the basis that the most debilitating feature of his enduring symptoms was a dysexecutive syndrome that made him unable to think laterally or cope well with stress or change, necessitating a degree of supervision and light touch prompting.

It was asserted that he would not be able to return to any remunerative employment, and that the level of dependence on his wife was unsustainable going forward and needed to be replaced by a case manager and a light touch support worker regime. Further, it was contended that he was at a heightened risk of dementing which would necessitate a more expensive care regime if the risk eventuated.

The Defendant accepted the technical severity of the brain injury but felt that his recovery was such that he ought to be capable of some remunerative employment following a short burst of case management and rehabilitation, but that there was no long term need for external care and that any claim for a heightened chance of dementia-induced future care was too remote and/or speculative.

A further issue in the case was whether it was acceptable for the Claimant to instruct a forensic account to reconstruct his pre-accident earning capacity from bank statements in the absence of satisfactory accounting records.

The claim was compromised part way between the parties’ respective best cases through a structured negotiation.


Related Barristers


Marcus Grant

Marcus Grant
Year of Call: 1993


Close X

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 kmorton@tgchamber.com

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 dnorton@tgchambers.com