News & Resources

£350,000 settlement for a 60-year-old engineer who sustained a whiplash injury and a head injury that triggered epilepsy two years later

9th June 2020

Marcus Grant represented the Claimant who was left with enduring symptoms.

The Claimant was involved in a high speed rear end shunting accident. He developed a whiplash injury and on his case and moderate/severe TBI comprising microscopic diffuse axonal injury.

He reported a cluster of physical, vestibular, cognitive, behavioural and psychological symptoms commonly associated with a concussive head injury.

His GCS was normal, there was no recorded loss of consciousness and repeatedly normal CT and 3T MRI scans of his brain. Retrospective PTA assessment using the Rivermead protocol revealed surprising gaps in his memory of events over the 72 hour period after the accident.

Roughly 3 months after the accident he developed déjà vu episodes that were the precursor to his first grand mal epileptic seizure 25 months post-accident. Two further grand mal seizures followed and he was treated with powerful anti-epileptic medication which exacerbated his cognitive fatigue.

He continued to work full time over the 5 year period after the accident and the claim comprised his future reduced earning capacity, his past additional costs associated with a 1,000 day driving ban and future costs associated with a heightened chance of needed dementia care in later life.

The Defendant did not accept that there was any TBI. It contended that there was no association between a whiplash mechanism and TBI. She contended that diagnosing a TBI purely by reference to a rPTA assessment was unsafe. She advanced a differential diagnosis of Functional Cognitive Disorder, notwithstanding no pre-accident history of psychological vulnerability, and notwithstanding the fact that C had battled on working full time with his symptoms.

The Defendant contended that the epilepsy was probably cryptogenic (i.e.: constitutional and coincidental) and the claim for a heightened risk of dementia care was not countenanced.

The claim was compromised part way between the parties’ respective best cases through a structured negotiation.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993

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