9 Gough Square - Barristers - Stuart McKechnie

Cases

A v. B [2011] - £613,000 lump sum settlement achieved on behalf of 58 year old female claimant for multiple injuries sustained in a RTA. The award, negotiated at a settlement meeting, included provision for loss of earnings, loss of pension, care and equipment needs. Instructed by Shoosmiths Solicitors.

N v. H [2011] - £310,000 settlement in a Fatal Accident Claim brought on behalf of a 7 year old girl who lost her mother in a tragic accident. Claim included lump sum award for loss of services and financial dependency. Secondary claims brought on behalf of several adult dependents for loss of gifts and services. Award negotiated at settlement meeting 2 weeks prior to 3 day High Court trial. Award subsequently approved "without hesitation" by Butterworth J. Instructed by Shoosmiths Solicitors.

Khan v. British Airways [2011] - £375,000 lump sum settlement for 41 year old baggage handler who sustained a back injury at work leading to chronic pain syndrome. The award, achieved at a settlement meeting, included general damages, loss of earnings, care and assistance and travel perks associated with employment. Instructed by Boyes Turner Solicitors.

O'Neill v. Adow [2011] - £550,000 lump sum settlement for 46 year old male who suffered multiple orthopaedic and psychological injuries in a road traffic accident. The settlement, achieved on the cusp of trial, included provision for loss of earnings, loss of pension, orthotics and care needs.

Pulsey v Mortimor [2011] - settlement of $2.2 million Australian dollars plus £200,000 for 74 year old who suffered catastrophic spinal and brain injuries in RTA resulting in incomplete quadriplegia and extensive care/ accommodation needs. Claimant resident in Australia and insisted on lump sum settlement due to life expectancy issues. Claim involved multiple experts across a wide range of disciplines. Settled at JSM in July 2011. Led by John Foy QC. Instructed by Trethowans Solicitors.

Turner v. Dyer [2011] - £269,000 settlement for 25 year old female who suffered multiple orthopaedic injuries in road traffic accident. The award, achieved at a settlement meeting, included provision for general damages, loss of earnings and domestic assistance. Instructed by George Ide Solicitors.

Cooper v. TPA Roadways [2011] - 2 day multi-track liability trial at Cambridge County Court involving 10 witnesses of fact. Successful outcome on behalf of the Claimant. Instructed by Fosters Solicitors.

X v. Y [2011] - Settlement achieved on behalf of young premiership academy footballer in a claim arising from clinical negligence of club doctor in treating leg break injury. Claim for loss of career earnings as a professional footballer. High Court claim, led by John Foy QC. Settlement subject to confidentiality agreement. Instructed by Russell Jones & Walker Solicitors.

Galer v. LB Hackney [2011] - £175,000 award for 56 year old Australian resident injured by falling branch whilst visiting UK resulting in compression fractures to 2 thoracic vertebra. The award, achieved at a settlement meeting shortly before a 3-day High Court trial, including general damages and provision for diminution of earning in Australia. Damages paid in Australian dollars. Instructed by Russell-Cooke Solicitors.

Brown v. Medway Council [2011] - £165,000 award for 62 year old man who suffered traumatic amputations of part of his ring and little fingers on the right hand as a result of a workplace accident. The award, achieved at a settlement meeting, included provision for general damages, a modest loss of earnings and a substantial claim for care & assistance.

Walker (deceased) v. 777 Environmental Ltd [2010] - £260,000 settlement arising out of fatal accident. Financial and service dependency claims made on behalf of 2 children by ex-partner and the deceased's mother with whom he lived at the time of the accident. Settlement approved and apportioned at the High Court following written advice on claim. Instructed by Irwin Mitchell Solicitors.

Galvin v. Mcllroy [2010] - £140,000 settlement arising out of a road traffic accident in which 51 year old male suffered serious dental injuries. Settlement achieved days before final trial of action. Award included provision for general damages and past/future private dental treatment. Counsel involved throughout claim.

Burton v. Petit [2010] - £490,000 award for 60 year old female claimant who sustained serious foot injuries in a RTA. Award included provision for prosthetics, care and accommodation on a lump sum basis, as requested by the Claimant. Instructed by Irwin Mitchell Solicitors.

Maskell v. Wariach [2010] - £985,000 award for a 43 year old man who sustained serious leg injuries in a RTA resulting in a trans-tibial amputation of the left leg. The award, achieved at a Joint Settlement Meeting, included provision for private prosthetic needs, loss of earnings, care and accommodation. The Claimant chose a lump sum award without any PPO provision. High Court claim, instructed by Shoosmiths Solicitors.

Crosby v. AH Wolds [2010] - £325,000 settlement achieved at round table settlement meeting for 36 year old engineer in RAF who sustained multiple injuries when run over by a farm vehicle. The most serious injury was to the right foot, which comprised a multi-fragmentary fracture of the right calcaneum and under the surface of the right talus. The award comprised general damages, loss of earnings for shortened career in the RAF, loss of forces benefits and pension. Instructed by McKinnells Solicitors.

Smith v. White [2010] - £200,000 award achieved for 48 year old man who sustained multiple physical and psychological injuries in a road traffic accident. The injuries included soft tissue injuries to the neck and back that resulted in a state of chronic pain. This negatively impacted upon the Claimant’s employment, social and domestic activities.

Heron v. Gill [2010] - £330,000 settlement for 43 year old male Claimant who sustained multiple injuries in a motorcycle accident, including serious leg injuries. Settlement achieved at round table meeting in advance of trial.

Carr v. Sita UK Ltd [2010] - £150,000 settlement for 41 year old female Claimant who sustained unspecified soft tissue injuries to groin/ hip, impacting upon her employment as an Air Stewardess.

X (A Protected Party) v. DGT Steel [2010] – settlement of £2.1 million lump sum plus Periodical Payment Order covering lifetime care and case management costs [index linked to ASHE 6115] for a 33 year old man who had suffered catastrophic brain injury following accident at work, causing acute subdural haematoma, a burst temporal lobe and the need for craniotomy due to secondary haemorrhage to the brain. The Claimant was left significantly handicapped, with major cognitive defects, memory and executive function deficit, poor intellectual functioning and epilepsy. A total of 16 experts in differing disciplines were instructed to assist the parties in quantifying quantum issues. Liability approved at earlier High Court hearing at 87.5:12.5% in Claimant’s favour. Mrs. Justice Davies commended the Claimant’s legal representative on the “very sensible and sensitive way” in which they had achieved an excellent quantum settlement for the Claimant. Led by John Foy QC.

Mortlock (deceased) v. Fletcher [2010] - £225,000 settlement for widow of 65 year old man who tragically died in a road traffic accident in October 2006 - award included substantial provision for loss of DIY / services around the home.

Samuels v. Horrax [2009] - £330,000 settlement for 26 year old man who suffered a highly complex knee injury as a result of a motorcycle accident. Damages included a substantial award for loss of earnings based on Ogden 6.

Petrov v. Sawday [2009] - £289,000 award (net of contributory negligence) for serious traumatic brain injury where claimant made “remarkable” recovery – claim included provision for loss of earnings and care.

Stone v. Reddin [2009] - £825,000 settlement for 65 year old man who suffered road traffic accident leading to amputation of leg. Settlement achieved following round table meeting. High Court Claim. Led by John Foy QC.

Ingledew v. Bowden [2009] - £210,000 settlement award for 60 year old man who sustained multiple injuries in road traffic accident. Award included provision for loss of earnings and care.

Short v. Styles [2009] - £625,000 settlement for 43 year old man who suffered serious leg injuries and below-knee amputation following road traffic accident. High Court Claim.

Barrie Clark v. Pages Skip Hire [2009] - £180,000 award for serious leg injuries suffered by 72 year old man, including award for loss of earnings and care. Settlement achieved at round table meeting.

Staddon v. Norfolk County Council [2009] - 2-day multi-track trial involving 9 witnesses. Successful liability outcome on behalf of Claimant.

X. v. A Healthcare NHS Trust [2009] - £525,000 settlement for case involving serious Complex Regional Pain Syndrome affecting dominant arm. Settlement achieved on morning of 4-day High Court Trial.

X v. Dairy Crest [2009] - £40,000 settlement for psychiatric injuries arising out of stress at work – liability and quantum disputed - case settled 3 weeks before 4-day trial.

Rampton v. Batcham [2009] - £190,000 settlement for claimant who suffered multiple injuries including serious fracture to leg arising from road traffic accident– settlement included provision for future loss of earning capacity and pension.

Blackmore (deceased) v. Millard [2008] - £300,000 settlement arising out of fatal road traffic accident involving 49 year old man – settlement included past and future dependency claims on behalf of widow.

Drane v. Drane [2008] - £450,000 settlement for 48 year old lady who suffered multiple injuries arising from road traffic accident – settlement achieved at round table meeting shortly before 3 day trial on quantum – settlement included provision towards future loss of earnings and care.

Shepherd v. MOD [2008] - £125,000 settlement for soldier subject to physical assault by members of his regiment on army base – liability disputed by MOD - settlement achieved at round table meeting shortly before 4-day High Court trial on liability.

Blade v. Norfolk & Norwich University Trust [2008] - £200,000 damages arising out of negligent routine laparoscopic sterilisation – claimant developed painful bladder syndrome – liability and causation disputed – award included damages for future medical treatment and domestic assistance.

Hughes v. Cook [2008] - £108,000 award for 43-year old man arising out of road traffic accident – neck and back injuries – award included provision towards future loss of earnings.

Tate (Deceased) v. Brown [2008] - £450,000 settlement arising out of fatal road traffic accident involving 49 year old man – settlement included claims for past and future dependency upon earnings, pension and services on behalf of widow and young children – settlement achieved shortly before 3-day High Court trial on quantum.

Beadle v. Sharpfibre Ltd [2007] - £200,000 settlement for 23 year old man who sustained a serious injury to his left eye in an industrial accident – settlement included damages for future loss of earning capacity.

Sandell v. Gopaul [2006] - £250,000 award for 61 year-old man who sustained multiple injuries arising from road traffic accident.

Robinson v. Galliford Try Ltd & GB Access Ltd [2006] - £212,000 settlement for 53 year old claimant who suffered multiple injuries arising from accident at work, including artery and nerve damage to left arm – settlement included provision for past care and future loss of earnings.

McCall v. Duncan [2006] - £1.55 million settlement for paraplegic claimant arising from motorcycle accident– settlement included lifetime provision for nursing care, specialist equipment and accommodation.

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