James Rowley KC & David Heaton KC - Provisional Damages Meet Dementia
18th November 2020
James Rowley KC and David Heaton KC provide a well attended lecture on Provsional Damages Meet Dementia
Traumatic brain injury [TBI] is common; so is dementia in older age. Two issues arise that are said to perplex many. [1] Is there a causative link between the two? [2] Is dementia is a proper return condition for an award of provisional damages following TBI? In this paper, written originally for the cancelled PIBA Annual Conference 2020, James Rowley QC will first review the statutory basis for provisional damages and the sparse case law; David Heaton QC will then introduce recent meta analyses and medical overview literature concerning the risk factors for dementia and Alzheimer’s Disease [AD]; between them, they conclude that the current evidence makes the risk of dementia or AD following TBI generally unsuitable as return conditions for provisional damages.
To view the paper, please click here