VWX v Connells Residential

5th March 2019

Practice Areas

CostsPersonal Injury

Simon Browne QC (leading Marcus Grant) represented the Claimant who was left with enduring neuro-psychiatric and vestibular symptoms after a modest blow to the head. The Claimant was 39 at the time of the accident and the principal breadwinner for his family. He had a pre-accident history of psychological vulnerability.

He attempted to continue working for roughly a year after the accident in a demanding job. However, he developed symptoms including impaired memory, fatigue and irritability, impaired balance, headaches and tinnitus, and became increasingly isolated from the world around him. With his deterioration he gained weight, developed tics and a speech and movement disorder coupled with obesity, which impaired his mobility.

A prolonged period of in-patient treatment in a head injury unit failed to break the deadlock in his symptoms. A principal diagnosis was made of functional neurological disorder compounded by the consequences of a concussive head injury. The prognosis was guarded. He required support from a case manager and support worker and lacked capacity to litigate.

The Defendant was sceptical in attributing the Claimant’s presentation to the objectively modest blow to his head, preferring to attribute it in part to prior vulnerability. They suggested there was a volitional element to his presentation and that the prospect of full recovery was good. Further, the Defendant did not accept that the presumption of capacity was displaced.

The settlement reflected a compromise between the Parties’ respective positions.

Related Barristers

Simon Browne QC

Simon Browne QC
Year of Call: 1982
Year of Silk: 2011

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

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