P v. Grant – 19.12.16

20th December 2016

Practice Areas

Personal Injury

Cases Citation


34 year old Police Officer  recovered £600,000 net of contributory negligence for the consequences of a brain injury sustained in a motorcycle accident.  Marcus  Grant (instructed by Nigel Mills of New Law Solicitors) appeared for the Claimant.

In September 2012 the Claimant, then a Sergeant in the Police Service, on his case sustained a closed head injury with suspected diffuse axonal injury and some bony injuries in a motorcycle accident when the Defendant began to turn across his path, changed his mind and stopped blocking part of the carriageway. The Defendant alleged tcontributory negligence against the Claimant for riding at 13.5 mph above the 50 mph speed limit, and for capsizing his motorcycle whilst braking. After the accident the Claimant received first rate rehabilitation through the Rehabilitation Code by reason of the proactive steps taken by the Defendant’s Insurer, the Liverpool Victoria. The Claimant returned to modified duties four months post accident and passed his Inspector exams and secured successive postings as an Acting Inspector in non-front line jobs. He struggled and exhibited increasing signs of anxiety and fatigue as he attempted to cope with the cognitive demands of his work. Adjustments were made by his employer that included placing him on an 80% contract and ensuring that he did not work night shifts or on call so that he could regularise his sleep patterns. At the date of settlement, 4 years post-accident he was still in his adjusted duties role, but it remained uncertain whether he would be able to cope with it into the medium and long term. One of the issues between the Parties was the feasibility of him seeking a less pressurised role as a non-operational Sergeant which he was unwilling to countenance. Issues of mitigation of loss were raised by the Defendant in addition to challenging the diagnosis and prognosis provided by the Claimant’s medico-legal team. The Defendant’s battery of neurological experts sought to minimise the organic component of his persisting symptoms and considered that his condition would likely improve with the litigation settled and the current support structure of ongoing treatment with a neuropsychologist, clinical psychologist and neuropsychiatrist being ‘diplomatically withdrawn’. The bulk of the settlement award comprised future loss of earning capacity.

The £600,000 net of the contributory negligence allegation was the product of a negotiation between the Parties, weighing up the credibility, vulnerability and causation risks on the facts of the case.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993

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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

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