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Co-director of flooring company recovers in excess of £100k for silicone sleeves and business class flights following collision with uninsured driver

17th October 2017

James Arney, instructed by City Lawyers, represented a 67 year-old small business owner who suffered multiple injuries when the uninsured defendant collided with his motorcycle.

On account of the claimant’s severe calf injuries and ongoing knee symptoms, James Arney successfully negotiated substantial allowances for the claimant’s silicone sleeve and business class flight claims.

The defendant was being chased by the police and collided with the claimant’s motorcycle which caught fire. As a result the claimant sustained a severe degloving injury to his left calf and enduring knee symptoms, as well as wrist, thumb and psychiatric injuries. The claimant’s case was that his disfiguring calf injuries, and the recommendation not to expose the scarring to sunlight, warranted the provision of high definition silicone sleeves with gel inserts, to obscure and protect the scarring. Further, it was the claimant’s habit to take two foreign holidays each year, but the pain and discomfort in his knee would render it necessary for him to have more leg room during air travel. He consequently claimed for the additional cost of business class flights.

By virtue of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, the MIB acted in place of the defendant. The MIB contended that the silicone sleeves constituted a disproportionate expense in light of the anticipated extent of use. It was further asserted that additional space seating could be obtained in economy class, provided bookings were made sufficiently far in advance.

Negotiations reached settlement in excess of £50,000 in relation to each of these heads of loss.

Related Barristers

James Arney KC

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