News

Young Claimant awarded £259,000 in respect of a subtle brain injury
12 March 2012

Marcus Grant (instructed By Christopher Dickinson of Dickinson LLP) appeared for the Claimant in a hotly contested head injury case arising out of a car accident in March 2003. The Claimant, who was an 18-year-old A' level student at the time of the accident, began the trial as a witness whose credibility was compromised by admitted untruths that he had told. Notwithstanding this, he presented with a cluster of frontal lobe symptoms including disinhibition, poor temper control and aggression, impatience, impulsivity, fatigue, difficulties in concentration, memory and organisation, in sequencing and planning and in multi-tasking, slowness of mind and attention and intolerance for alcohol. Despite there being no radiological or neuro-psychological evidence to validate the presence of such symptoms, the Court was satisfied by reason of the sound methodology of his expert witnesses that he had in fact suffered cerebral injury to the frontal lobe. He was awarded £48,500 in respect of general damages. His main head of claim was for future loss of earning capacity which was quantified on a loss of chance basis using the additional claim model advocated in Langford v Hebran [2001] EWCA Civ 361, [2001] P.I.Q.R. Q13. A 94-page judgment was handed down by HHJ Burke QC after 9 days of evidence.