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