Thompson & Fortis insurance v. Middleton – (Chronic Pain)


Practice Areas

Personal Injury

Cases Citation

[2012] EWCA Civ 231

Court of Appeal upholds a chronic pain judgment for a Claimant of £461,000

Nigel Wilkinson QC and Marcus Grant (instructed by Tom Ranson of Ashton KCJ) appeared for the Claimant resisting an appeal brought by Fortis Insurance and its Insured against an Order of HHJ Reddihough that awarded the Claimant substantial damages following an objectively modest trauma. The Defendants sought to persuade the Court of Appeal that the Judge’s findings were perverse; that had he understood the medical evidence properly he would have been compelled to reject the Claimant’s case. The Defendants failed in all 17 of their grounds of appeal. A finding was made that the Judge had understood the medical evidence correctly, made clear findings that he was entitled to make, giving full and detailed reasons that left the Defendants in no doubt as to why he had found them. Dame Janet Smith DBE gave the lead judgment with which Rafferty LJ and Mann J concurred.

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 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

To learn more visit our Covid-19 Information page.