A selection of recent cases from the Clinical Negligence and Personal Injury groups
Robert Glancy QC won a motorcycle racing case, Corbett v Cumbria Kart Racing Club [2013] EWHC 1362 (QB). A week before the defendant’s appeal to the Court of Appeal in July 2014, the case was settled at a mediation. The claimant had sustained a traumatic brain injury when he came off his motorcycle on a racing circuit, went through 2 tyre barriers and struck an ambulance.
Stephen Killalea QC and Peter Edwards recovered substantial damages for a 17 year old who sustained a severe injury whilst attempting to perform a standing back somersault at a Parkour (free running) class. The claim was made against the instructor and the company which had arranged the hire of the hall and not provided sufficient insurance cover or check the qualifications of the instructor.
Robert Weir QC settled a claim for a child with cerebral palsy for £2.8m plus a PPO rising to £250,000 p.a. from the age of 19 for life. The claim included the cost of a hydrotherapy pool, which the claimant’s mother was committed to having installed come what may.
Rob Hunter acted for a Cornish motorcyclist who sustained severe orthopaedic injuries but nevertheless managed to return to work, cycling and paddle boarding. The claim settled for £325,000.
Tom Vonberg settled a claim for a soldier shot in the leg by a colleague on a live firing exercise. The claimant had been discharged after the accident by reason of noise induced hearing loss, which was not related to the accident. The issue arose as to whether he would have been redeployed within the Army had he not been shot. The claim settled for £155,000 net.
Stephen Killlalea QC and Stephen Cottrell acted for a radiographer who sustained a severe traumatic brain injury following a cycle accident. The defendant raised issues of contributory negligence relating to the manner of his driving and his failure to wear a helmet. Settlement was approved for £2.5m plus a PPO of £120,000 p.a. for life.
Robert Weir QC acted for a child who had sustained both negligent and non-negligent damage at birth. It was common ground even if the defendant hospital had not been negligent, he would have been severely cognitively impaired, had left sided weakness, daily epilepsy and a need for gastrostomy feeding. As a result of the admitted negligence, he was rendered severely visually impaired with bilateral lower limb spasticity. The case raised issues as to the correctness and application of the principles set out in Sklair v Haycock [2009] EWHC 3328. The case settled at a RTM for £1.3m plus a PPO rising to £170,000 p.a. for life.
Tom Vonberg fought a fatal accident quantum claim to trial and beat the Part 36 offers made by the two defendants. The claimant was subsequently awarded interest at 10% and indemnity costs from the date of the Part 36 offers.
Robert Glancy QC is acting for a claimant who was knocked over in a RTA and sustained a traumatic brain injury, thereby destroying his memory of the accident. The claimant faced the particular difficulty of having no direct evidence to challenge the defendant’s version of events but was able to suggest that the claimant had just been to a nursery and so could not have walked from the defendant’s nearside as suggested. Liability has settled for 75% recovery and the case is ongoing.
Robert Weir QC acted for a Spanish hotel owner which resisted a claim by a tour operator seeking to obtain jurisdiction against it in England. The owner having successfully resisted the tour operator’s application, the case was then settled a few days before the appeal in July 2014.
Tom Vonberg won a trial for a defendant, establishing that the claimant had deliberately set up a road traffic accident. The court found that the claimant had used an interpreter at court only to obstruct cross examination of him rather than because of any language difficulties.
Stephen Killalea QC has settled a claim for a young woman who sustained a below knee amputation for £1.4m with a PPO of £19,500 p.a. for life.
Robert Weir QC acted for a young man injured in a road traffic accident who sustained a traumatic brain injury, subsequently left home and was living on his own with a modest support worker package. The case settled for £2.5m, a lump sum payment which adequately compensated the claimant for the lack of a PPO.
Rob Hunter has been retained to write the practice notes for the catastrophic injuries section of LexisPSL, which provided up to date practice area specific guidance for lawyers
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