VXW v. A (Unrep) 28.10.20
Lambert J approved a £4.48m gross of contributory negligence settlement for a 18-year-old who sustained a severe brain injury in a running down accident aged 11.
He went on to develop a moderate to severe dysexecutive syndrome presenting as a cluster of neuro behavioural difficulties including lack of empathy, poor insight, impulsivity, poor judgement, anger, irritability, obsessive compulsive behaviours, disinhibition and aggression.
The issues underpinning the settlement revolved around his need for support. Assessment of those needs were covered by the fact that he had pre-accident behavioural issues against the backdrop of some psychosocial disadvantages; further there was a question as to the extent that he would accept an expensive support worker regime, and the extent to which he had capacity to moderate his behavioural issues in the future.
Liability was compromised at an earlier stage in the case with the 60:40 split in C’s favour. The insurer made an early settlement offer shortly after C reached his majority, which subsequently was accepted and approved by the court.