L v.L (Unrep) – 25.07.2018
21st August 2018
Marcus Grant appeared for the Claimant, a 34-year-old English teacher working in China who recovered £535,000 in respect of a head injury in the UK that left him with a syndrome of physical, neuro-cognitive, neuro-behavioural and psychological symptoms consistent on his case with diffuse axonal brain injury.
Notwithstanding his injuries, four years after the accident he studied for an MBA in London. His case was that the enduring syndrome of symptoms compromised his mental stamina for full time employment, or employment involving significant responsibility and exercise of judgment.
The Defendant considered that C had made a good recovery from the effects of his head injury, as evidenced by his ability to study for an MBA and observed that there was little objective evidence of any of the enduring symptoms of which he complained and the trajectory of his presumed earnings in the accident was far from clear given his peripatetic pre-accident pattern of earnings.
The case settled through negotiation part way between the Parties’ best positions.