Gale v ESURE
James Arney, instructed by Christopher Kardahji of Irwin Mitchell, acted for the Claimant in a 4-day quantum hearing. The Claimant sustained a serious ankle injury and had been affected psychologically as a result of her accident. The Claimant and the Defendant were £460,000 apart in their assessment of damages. HHJ Hedley held that the Claimant had suffered a mild traumatic brain injury. The Defendant’s psychiatrist, Dr Holden, was heavily criticised. HHJ also awarded long term commercial assistance for care of the Claimant’s animals.
Following the accident, the Claimant struggled with the daily care of her horses, as well as heavier domestic tasks. Hedley J. held that given that the object of compensatory damage is to put the Claimant into a position she would have been in but for the accident, she should be enabled to continue to pursue her major life hobby and interest. It would be unreasonable to expect the Claimant to give up her horses.
Judgement was awarded for the Claimant in the sum of £480,731.72, beating the Claimant’s own Part 36 offer. The Defendant incurred Part 36 penalties in respect of damages, interest and costs.
The final amount awarded was £536,628.10.