T v. R (Unrep) 04.09.20


Practice Areas

Personal Injury

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.

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