News & Resources

Resounding victory for Claimant in complex brachial plexus injury arising from RTA

6th December 2019

Michael Rapp, and his instructing solicitor Christopher Kardhaji of Irwin Mitchell, Sheffield, received judgment in a 3 day case in Southend county court in front of HHJ Holmes. C suffered a significant whiplash injury. On her case she suffered a significant peripheral nerve injury that affected the function of her left arm. Whilst she remained capable of day to day activities she asserted that had the accident not occurred she would have returned to work after a career break looking after her family. On her case she would have returned to work as a Legal Secretary at a US law firm. Within a few years she would have been earning £70,000 gross. Instead as a result of her restricted hand and arm function she was restricted to working as an administrator for her husband’s car repair shop earning no more than £12,000 p.a.

The defendant did not accept that the claimant suffered any significant nerve injury and could return to her previous employment. The defendant deployed extensive surveillance evidence and made a part 36 of £50,000 pre trial.

The judge found that the claimant had suffered a peripheral nerve injury. He accepted that it was appropriate to apply a Herring type approach and consider a reasonable future career model. He found that  but for the accident she would have returned to her pre-accident job and by 2021 would be earning £70,000 per annum until retirement. He gave judgment on this basis awarding £596,492 of future lost earnings.

The claimant beat her part 36 offer and was awarded her consequent 10% bonus on her damages, indemnity interest at 5.75% and her solicitors were awarded indemnity costs with again interest on the indemnity period at 5.75%. The claimant received total damages of £829,122.





Related Barristers

Michael Rapp

Michael Rapp
Year of Call: 2002


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 clerks@tgchambers.com. 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 dnorton@tgchambers.com.

To learn more visit our Covid-19 Information page.