News & Resources

£1.4M Independent Evaluation Settlement for Moderate-Severe Traumatic Brain Injury

15th April 2019

James Arney, instructed by Catherine Lewis of Horwich Farrelly for Admiral Insurance, represented the Defendant, against Paul Rose QC, at an Independent Evaluation. The claim was pleaded at over £6 million concerning moderate to severe Traumatic Brain Injury involving ongoing support worker and case management input.  The Claimant suffered significant long-term loss of earnings and the case was complicated by pre-existing issues and the extent to which they may have adversely affected the Claimant on a long-term basis in any event. After an evaluation by Andrew Lewis QC, parties reached settlement at £1,411,000 plus provisional damages on the risk of uncontrolled epilepsy.

The Claimant suffered a traumatic brain injury in a road traffic accident at the age of 19. Liability had been apportioned 90/10 in the Claimant’s favour.

The Claimant had a complex pre-accident history, most notably by reference to her autism, but also as to low mood, self-harming, dyslexia, social communication disorder, disorganisation, impulsiveness, obsessiveness and hallucinations. The combined effect of these issues was sufficient to impact on the Claimant’s pre-accident development, most notably in respect of her education, but also in terms of early employment.  The Claimant’s school records revealed consistently poor organisation, lack of commitment, failure to meet deadlines and/or complete assignments and non-attendance.

Parties were at a disagreement on the ongoing need for support worker and case management input, and the extent to which the Claimant would have required these in any event.  Similarly, the Claimant’s long-term loss of earnings were disputed on the basis of her pre-accident difficulties.

After a failed JSM, with the parties’ pleaded cases being over £5M apart, both sides agreed to engage in an Independent Evaluation undertaken by Andrew Lewis QC.  After evaluation, parties reached settlement at £1,411,000 plus provisional damages on the risk of uncontrolled epilepsy.

Settlement was influenced by the Defendant’s experts’ acceptance that: –

a)      The Claimant would have been independent but for the accident notwithstanding pre-existing issues; and

b)      The principle that post accident, the Claimant needed long-term commercial third-party input.

Related Barristers

James Arney QC

James Arney QC
Year of Call: 1992
Year of Silk: 2021

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.