U v. E (Unrep) – 24.08.2018

24th August 2018

Practice Areas

Personal Injury

Marcus Grant represented a 31-year-old highway worker who recovered £643,000 in respect of a brachial plexus injury to his non-dominant arm sustained in a motorcycle accident where liability was contested.

It was common ground that C was riding his motorcycle too fast through a residential street in Ipswich, subject to a 30 mph speed limit, when D, travelling in a car in the opposite direction, turned right across his path. It was common ground that D did not see the motorcycle before impact.

Reconstruction experts were not agreed on C’s speed prior to braking. C’s expert estimated it to have been c. 45-50 mph; D’s expert’s estimate was in excess of 65 mph.

Recent case law in June 2018 from the QBD in Macpherson v. Smith [2018] EWHC Civ 1433 suggested that the range of contributory negligence against C was likely to be between 50% and 75% depending upon which reconstruction expert’s evidence was preferred.

The case settled through negotiation part way between the Parties’ best positions.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993