Case

Swift v Carpenter

06.07.2018

Practice Areas

Personal Injury

Cases Citation

[2018] EWHC 2060 (QB

James Arney, instructed by Grant Incles from Leigh Day, appeared on behalf of a 43-year-old Claimant who suffered a below the knee amputation as an RTA passenger. Damages were secured for £4.1 million at the quantum only trial. William Audland QC appeared on behalf of the Defendant.

James Arney, instructed by Grant Incles from Leigh Day, appeared on behalf of a 43-year-old Claimant who suffered a below the knee amputation as an RTA passenger. Damages were secured for £4.1 million at the quantum only trial. William Audland QC appeared on behalf of the Defendant.

The Claimant recovered damages for 5 different prosthetic limbs: a primary microprocessor limb, an alternate everyday limb with cosmesis, a water activity limb with cosmesis, a running blade and ski limb.

The Claimant was awarded sports massage therapy (claimed at £72,626) for life, in addition to physiotherapy and other treatments.

She was also awarded the cost of flight upgrades for herself and her family (based on one long haul and two short haul flights per year), the court accepting that the Claimant would in her uninjured state have travelled with her husband and children and it is reasonable to permit her to do the same post-accident. Flight upgrades for the children were awarded until they reached 18, including those for a child not yet conceived (£243,877 awarded).

The case has proceeded on appeal as the test case against the Roberts v Johnstone formula for quantifying loss relating to the purchase of special accommodation, the court at first instance having found that she needed an additional £900,000 to purchase a suitable property.  The trial judge felt compelled to award no loss under this head due to the negative discount rate.

Led by Derek Sweeting QC of 7 Bedford Row, James Arney continued to represent the Claimant at the appeal hearing heard in late June 2020 by the Court of Appeal consisting of Lord Justice Irwin, Lord Justice Underhill and Lady Justice Davies. Judgement is currently awaited.


Related Barristers


James Arney QC

James Arney QC
Year of Call: 1992
Year of Silk: 2021


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