T v. R (Unrep) 04.09.20
A 42-year-old ground worker recovered £756,000 in a negotiated settlement in respect of injuries to his foot and back and tinnitus sustained when the van he was driving was struck by an oncoming vehicle causing it to overturn. In addition, he sustained a mild traumatic brain injury and a major depressive disorder from which he made a good recovery by the 3rd anniversary of the accident.
He was unable to return to his physically demanding trade and his modest academic qualifications and dyslexia made it more difficult for him to return to remunerative employment. He worked hard with the Defendant’s insurer’s vocational rehabilitation consultant to try to return to the labour market; the evidence those attempts to find work generated of overt disability discrimination by prospective employers was arresting.
The issues between the parties revolved principally around the loss of earnings claim. The Defendant contended for a lower multiplicand and multiplier for the ‘but for’ scenario than the Claimant on the basis that he would likely have slowed down with age and retired from groundwork before his statutory retirement age. The Defendant also contended for a higher residual earning capacity and contended that the Ogden 8 Table B discount threw up an unrealistically low notional residual earning capacity.
Both parties moved away from their best case positions to achieve settlement through negotiation.