Case

H v. Z 12.07.21

12.07.21

Cases Citation

(Unrep)

A 46-year-old flight instructor recovered £600,000 in respect of injuries sustained after a motorcyclist struck the rear of her car at speed.

Following the accident she developed a cluster of physical, cognitive and psychological symptoms that became more debilitating over time.

Neurological examination confirmed that, at most, her presentation satisfied the threshold for a ‘possible symptomatic TBI’ and that her presentation was predominantly psychologically mediated.

Her principal enduring complaints were pain, PTSD phenomena, vestibular symptoms and fatigue.

The nociceptive cause of any soft tissue pain was time limited and the persistence of subjective reports of pain thereafter were centrally sensitised and psychologically mediated. She presented with symptoms commonly seen following TBI in the absence of TBI and the working diagnosis was Somatic Symptom Disorder [SSD] and Functional Neurological Disorder [FND].

She continued to present as a disabled woman past the 5th anniversary of the accident.

Z viewed the claim with a measure of scepticism with its lead expert suggesting a degree of voluntary contribution to the functional presentation.

Furthermore, Z point to the fact of a wholly unrelated medical condition (Morton’s neuromas) that appeared at the second anniversary of the accident and rendered her immobile for a period, dependent on a motorised scooter, as breaking the chain of causation and likely capable of tipping her into an equivalent pathway of SSD and FND in the absence of the accident.

The case settled through ADR with both parties moving away from their best positions.


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