What happened

In a settlement approved by the High Court in Manchester earlier this month, David Knifton KC and Chris Gutteridge, instructed by Thompsons Solicitors, secured a damages award worth £22.75 million for a girl who sustained a severe brain injury in a road traffic accident in 2014. The settlement concludes more than a decade of litigation conducted by Thompsons Solicitors on the Claimant's behalf. 

 

The girl, whose identity is protected by an anonymity order, was just short of her third birthday when she was struck by a taxi as she ran into the road outside her home. Liability was denied on the basis that she had entered the road unexpectedly, giving the driver no meaningful opportunity to avoid the collision. The Defendant also pursued a Part 20 claim against the child's mother, alleging a failure to supervise her daughter appropriately.

 

It was only days before a liability trial due to commence in June 2020 that an agreement was reached under which the Claimant recovered 80% of the damages to be assessed. The Part 20 claim against her mother was dismissed and the compromise was approved by the Court later that month. 

The impact of the injury

As a result of the accident, the Claimant suffered a severe traumatic brain injury. While she has been left with some physical difficulties including mild left-sided weakness and altered balance, the most significant consequences have been cognitive and behavioural. She has an acquired neurocognitive disorder together with secondary neurodevelopmental diagnoses including ADHD, autistic spectrum disorder and oppositional defiant disorder. 

 

She experiences significant neurobehavioural difficulties including emotional dysregulation, impulsivity, distractibility, hyperactivity and disinhibition. Despite progress achieved through medication, therapeutic interventions and a structured support regime, her difficulties remain substantial and are considered likely to be lifelong. As a consequence, she will require specialist accommodation, ongoing therapies, equipment and a significant package of support and care throughout her life.  

Progressing the claim

Following the liability compromise, a number of substantial interim payments were obtained, including funding to facilitate the purchase of accommodation. However, despite extensive negotiations and a Joint Settlement Meeting in November 2024, the parties remained significantly apart on valuation. Issues affecting settlement included the ongoing discount rate review, disputes concerning future losses and differing positions regarding the structure of any final award. 

 

Throughout the litigation, Thompsons Solicitors worked closely with a range of experts and specialist counsel in preparing the claim. Following the involvement of David Knifton KC alongside Chris Gutteridge, the parties agreed to attend a mediation facilitated by Frank Burton KC.

Reaching a settlement

In advance of the mediation, substantial work was undertaken to refine the valuation of the claim and identify the key issues capable of resolution. Chris Gutteridge prepared a detailed Schedule of Loss and, together with David Knifton KC, analysed the expert evidence relating to life expectancy, future care and other substantial heads of loss. Detailed settlement proposals and supporting calculations were prepared for consideration during the mediation process. 

 

Particular focus was given to future care and case management, which represented the largest component of the claim. Following careful analysis of the evidence, the Claimant's legal team advised that the Claimant's interests would be best protected through a substantial lifetime periodical payments order rather than a wholly lump sum award. The team successfully maintained its position that the Claimant's needs would require a significant package of professional care and support over the course of her lifetime. 

What the settlement includes

Following extensive negotiations, agreement was reached on the basis that the Claimant would recover:
  • A lump sum of £6.25 million; and
  • Periodical payments for future care and case management of £300,000 per annum, commencing in December 2026
The settlement was subsequently approved by the High Court.

Supporting the future

In recommending the settlement for approval, David Knifton KC noted the considerable demands placed upon the family over many years as a result of the Claimant's injuries and the lengthy litigation process. The evidence demonstrated the significant role played by the family in implementing and maintaining the intensive support structure required to maximise the Claimant's development and wellbeing.  

  

In approving the award, the Judge endorsed the advice provided to the Claimant and agreed that the settlement represented an appropriate outcome in light of the available evidence and the litigation risks. The Court also recognised the profound impact that the Claimant's injuries had had upon the wider family and acknowledged their efforts in supporting her throughout her recovery and rehabilitation.  

Comments on the outcome

Commenting on the outcome, David Knifton KC said: "This litigation has involved complex issues of liability, medical evidence and future loss. I am delighted that the parties were ultimately able to reach a settlement which avoids the need for further contested proceedings and provides long-term financial security for the Claimant. The award is intended to ensure that her future care, accommodation and support needs can be met throughout her lifetime." 

 

Samantha Hemsley, Head of Serious Injury at Thompsons Solicitors, said: “This case has involved over ten years of litigation, extensive expert evidence and the careful preparation of every aspect of our client's future needs. It has been a genuine team effort involving Thompsons Solicitors, counsel and a large multidisciplinary team of professionals. The approved settlement reflects the significant challenges our client will face throughout her life and provides the financial resources necessary to fund her future care, accommodation, therapies and support."