Case

M v. S (Unrep) 16.11.2018

16.11.2018

Practice Areas

Personal Injury

Marcus Grant represented a 44-year-old café proprietor who sustained a mild traumatic brain injury and developed chronic neuropathic pain and headaches in a high energy car accident, compromised his claim for damages in the sum of £250,000.

He was left with a syndrome of physical, cognitive, behavioural and psychological symptoms that restricted his stamina for functioning effectively in the workplace and in the home. He presented with several seizures treated by the NHS with anti-convulsants but probably non-epileptic in origin and psychiatrically mediated. He continued to complain of intrusive neuropathic pain that was treated with powerful opiates (Morphine Sulphate initially followed by Oxycodone). The side effects of the addictive medication soon became the principal maintaining factor to his enduring symptoms. He developed an addiction to the Oxycodone, the side effects from which included acute fatigue that so compromised his cognitive function and stamina in the café he ran with his wife.

He had no track record of deriving any income from the café business over several years before the accident and had difficulty demonstrating an obvious loss of earning capacity by reason of his injuries.

He required multidisciplinary treatment and the consensus amongst the medical experts was that his prognosis with optimum treatment was optimistic, provided he could be weaned off the Oxycodone, and that he ought to be fit enough to return to full time manual work if he so chose within 12 months of settlement.

The settlement reflected the fact that the prognosis, whilst broadly optimistic, was far from certain and that there was a complex interplay between the enduring MTBI symptoms and the chronic neuropathic pain, each representing a poor prognostic indicator to the other.


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