P v. B & A (Unrep) 06.09.2018
5th November 2018
Marcus Grant represented a 27-year-old dock worker who recovered £1.75m in respect of a brain injury in a high energy road accident.
He was left with a disabling syndrome of physical (including vestibular), neuro-cognitive, neuro-behavioural and psychological symptoms that precluded him from being able to work, and in need of at least a light touch support regime involving a case manager and support worker.
The Defendants contended that he had made a significantly better recovery than he had realised, that the current support regime was unnecessary, that he probably was capable of some remunerative employment and capable of living independently without the need for any ongoing support regime beyond the short term. On their case it was a modest six figure claim. Further, the Defendants raised late in the day evidence that speculated that he had an undiagnosed cardiac condition that might have impacted on his earning capacity and life expectancy in the absence of the accident.
The case settled through negotiation part way between the Parties’ best positions.