Case

Siegel v. Pummell – (Brain Injury)

18/12/2014

Practice Areas

Personal Injury

Cases Citation

[2014] EWHC 3409 – Wilkie J

Subtle brain injury claimant awarded £1.59m after a 9 day trial in the QBD
18 December 2014

Marcus Grant (instructed By Christopher Dickinson of Dickinson Solicitors) appeared for the Claimant in an action arising out of a whiplash injury arising from a rear end shunting accident at c. 20 mph in which the Claimant, then a 39-year-old Information Technology Enterprise Architect, suffered diffuse axonal injury [“DAI”] at a microscopic level not capable of verification on MRI or CT scanning. He struggled on working without suffering any loss of earnings until 4½ years post-accident. The trial focused on the medical evidence. The Defendant contended that there was no DAI and that the claim was worth no more than £5,000 in respect of minor soft tissue damage to the neck. He attributed the Claimant’s presentation of cognitive, behavioural and physical symptoms consistent with brain injury were in fact attributable to the Claimant’s pre-accident personality and alleged vulnerability to anxiety, and was unrelated to the consequences of the index accident. The Court rejected the Defendant’s case and found that the methodology applied by the Claimant’s medico-legal expert team and employment consultant was sound and preferable. The judgment delivered by Mr. Justice Wilkie marshaled the medical arguments in some detail and provides useful guidance to the profession on the medicine arising at the interface between neurology and psychology.

The Judgment can be found on Lawtel and Bailii: Siegel v. Pummel


Related Barristers


Marcus Grant

Marcus Grant
Year of Call: 1993


Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com. We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com.

To learn more visit our Covid-19 Information page.