Case

Gale v ESURE

08.07.2020

Practice Areas

Personal Injury

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.


Related Barristers


James Arney QC

James Arney QC
Year of Call: 1992
Year of Silk: 2021


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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 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