S v K
13 July 2021
Lionel represented the Defendant (instructed by Simon Curtis at Horwich Farrelly) in a complex chronic pain case pleaded at over £750,000. The Claimant contended that she had developed a permanent Functional Neurological Disorder (FND) following a serious motorcycle accident in which she had suffered a comminuted leg fracture. She claimed that her injuries had led directly to premature retirement as a nurse and that she would continue to require extensive rehabilitation and professional assistance.
In addition to questions of quantification, the critical issue was causation, the Claimant having presented with similar but more minor functional problems prior to her injury that did not affect her ability to work at that stage. After successfully resisting the Claimant’s application for additional expert evidence, the matter settled at a JSM for an all-inclusive figure for costs and damages that reflected the strength of the Defendant’s case on causation and the clear risk posed to the Claimant from an old Part 36 Offer.