News & Resources

P v D

9th July 2019

A multi-million claim by a Premier League professional footballer was settled after he suffered a serious leg injury in a road traffic accident. Simon Browne QC represented the Defendant insurer where liability and quantum were in issue. Both parties relied upon expert evidence including statisticians, industry experts and detailed forensic accountancy evidence, as to career prospects with the issues of career progression and loss of chance being central to the claim.

At the time of the accident the footballer was playing in the Premier League. Although he resumed squad training after a year, in his absence the club bought two new players in similar positions, who have continued to play in the first team ahead of the Claimant. The Claimant argued that but for the accident he would have been selected regularly for the first team and progressed at the end of his contract to higher ranked clubs.

The issue of how to characterise the footballer’s future career loss was in dispute. Arguments were made as to whether the new players would have been bought anyway, whether the Claimant’s failure to reach the first team was as a result of their good performance or his injury, and what the impact of decision making by three successive managers would have been regardless of his injury.

In-depth reports and evidence were relied upon from statisticians and specialist industry experts. Further disputes arose around the complex accounting methodology relied on by the Claimant’s experts. The methodology hypothesised a number of future career scenarios and allowed for a cumulative loss of chance figure based on the percentage probability of each scenario occurring. The Defendant’s argued this was not a loss of chance case but a balance of probability calculation.

Related Barristers

Simon Browne QC

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

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.