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Michael Lemmy secures High Court approval of £5m provisional damages settlement

27th March 2024

On 26 March 2024 the High Court sitting in Manchester approved a settlement of £5m gross with provisional damages for the risk of epilepsy.

In 2018, C was involved in a road traffic accident with D1. The MIB raised defences of self-defence, ex-turpi causa and contributory negligence. In January 2022 the High Court approved a compromise of liability 95%/5% in C’s favour.

C suffered extensive injuries in the collision including a severe TBI with a right subdural haematoma in the temporal, parietal and frontal lobes, left subdural haematoma in the frontal lobe and extensive subarachnoid haemorrhage predominantly to the right side. He presented with cognitive impairments consistent with the nature and severity of his brain injury, including problems with attention and concentration, memory, new learning, information processing, planning, organisation and aspects of executive function. These had a significant impact on his general functioning such that he lacked capacity, would not work again and required ongoing support.

At a JSM on 15 March 2024 settlement was agreed in the sum of £5m gross (£4.75m net of contributory negligence) with provisional damages for the risk of epilepsy.

Michael was instructed by Nicola Mepstead, Hugh James. The MIB was represented by Stephen Grime KC, instructed by Stuart Hardy, Clyde & Co.