Case

K v. C 16.07.21

16.07.21

Practice Areas

Personal Injury

Cases Citation

(Unrep)

An 18-year-old student recovered £725,000 in respect of whiplash and psychological injuries in a rear-end shunting accident at 10 mph.

She had been exposed to abuse in her childhood and was more vulnerable to the consequences of trauma than an average person. Unbeknownst to her she was also hypermobile.

Immediately following the accident she suffered a panic attack and was unable to exit her car; the emergency services cut the roof off the vehicle to extricate her. She developed acute PTSD, which within three months of the accident triggered the first episode of transient losses of consciousness [TLOC]. Postural Tachycardia Syndrome [POTS] was diagnosed 4 years after the accident to explain the mechanism for these early TLOCs; thereafter her autonomically mediated syncope episodes evolved into frequent non-epileptic seizures. She continued to suffer acute upper neck and thoracic pain from the whiplash injury.

Vertical MRI scanning revealed damage to the alar ligament at the base of the skull, attributable on her case to a combination of the constitutional asymptomatic hypermobility and the traumatic forces of the accident.

The case settled 6½ years post-accident, after K had undergone an array of treatments, causing little lasting benefit in her pain and non-epileptic attacks that proved debilitating. In that time she managed to complete an undergraduate degree in architecture but had not managed to secure remunerative employment.

The Defendant’s approach to the claim over the first 4 years was largely disbelieving of her symptoms, but subsequently more focussed on her pre-morbid psychological and hypermobile vulnerabilities and optimism for a better recovery following the conclusion of the litigation.

The case settled following ADR with both parties moving away from their best case 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