Andrew Ritchie QC and Laura Begley secure a multi-million pound settlement 13 minutes before expiry of their Calderbank offer

News

18/05/2020

Andrew Ritchie QC and Laura Begley secure a multi-million pound settlement 13 minutes before expiry of their Calderbank offer 2 days before a 10 day trial in a paraplegia case after two failed JSM’s and a mediation.The Claimant suffered catastrophic spinal injuries aged 18 when she was thrown out of car in a complex roll over accident after the driver lost control of the vehicle. She was not wearing a seat belt.

The Claimant’s engineering and A&E evidence suggested that her head would have been partially ejected and so would have suffered a serious traumatic brain injury and/or tetraplegia had she remained seat belted. Attempts to settle contributory negligence at 12.5% during 2 JSM’s and a mediation failed and the Claimant withdrew it’s offer at this level and the case settled almost at the doors of the court effectively for 7.5% contributory negligence. The Claimant was rendered a T5 paraplegic in the accident. She had a long life expectancy over the age of 70. The Defendant declined to make any PPO offer at the first JSM and the mediation but by the second JSM accepted the Claimant was ‘really serious’ about wanting a PPO and finally conceded that form of award just a month before trial, though the parties still did not settle at this juncture.

The Defendant viewed the case as a standard paraplegia case where live in care was not required and offered 3 hrs per day with modest increments at age 45, 65 and last 3 years of life. The Claimant was unable to do wet or floor to chair transfers, suffered painful spasms and had unpredictable bowel and bladder accidents and claimed 24/7 ‘standby care’ with increments at age 40 and 50. The Claimant made part 36 offers on every issue in the case which were accepted by the Defendant a week before trial save for the PPO element. The Defendant accepted the Claimant’s  Calderbank on the PPO 13 minutes before expiry 2 days before trial. The settlement was for a lump sum of £5.4m and PPO’s (rounded) of : £67,000 to age 44,  £108,665 to age 59, £158,340 for life.

Andrew and Laura were instructed by Alex Brown of Dean Wilson LLP.

See link to more detailed article here: https://www.dekachambers.com/news/1699/

Latest News & Events

The Dekagram: 24th June 2024

This week we bring news of another case on choice of law, this time in the context of a multiparty road traffic accident occurring in England. The judgment provides a useful reminder of how Article 4 of the Rome II Regulation operates. And there’s been…

Recognition for Deka Chambers’ barristers in Best Lawyers 2025

Congratulations to our eleven barristers who have been recognised by their peers in The Best Lawyers in the United Kingdom 2025. Jacob Levy KC, Simon Readhead KC, Edward Faulks KC, Graham Aldous KC, Edward Bishop KC, Andrew Warnock KC, Matthew Chapman KC, Sarah Prager KC,…

Dekinar: Turbulent skies: an update on Montreal Convention claims

In this webinar, Sarah Prager KC will be joined by Nina Harrison, a solicitor in Irwin Mitchell’s International Serious Injury team, for a discussion on: Sarah and Nina will also be answering any questions you may have on the issues raised so please submit your…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)