Philip Grundy in five substantial settlements
Philip Grundy has secured five substantial settlements for his clients over the past few months.
The first involved a six figure award for a client who had been injured jumping from a platform into a foam pit with a trampoline below.
On her first day at work at a trampoline and play park, the Claimant sustained serious back injuries. Liability was hotly disputed. The claim proceeded to trial in July 2024 and lasted the full five days. Mr Grundy was successful in establishing liability on the part of the Defendant and was successful in establishing causation for the Claimant’s injuries. Following the judgment on liability and causation, the whole action was compromised. Mr Grundy was instructed by Adam Farrell of Express Solicitors.
In the second case, an award of £4.65m plus a PPO of £214,500 pa index linked life-long, was secured and approved by the Court for a 28-year-old claimant who sustained a hypoxic brain injury shortly after giving birth to a healthy child.
Whilst breach of duty was admitted, this was particular complex as the Claimant had been in a rehabilitation unit for over two years. There were 12 experts either side. Mr Grundy was instructed by Ami Dollery and Sean McCann of Fletchers Solicitors.
In the third case, Mr Grundy represented a claimant who was in a road traffic accident, and secured an award of £1.95m.
The claimant was knocked down by the first defendant’s Hackney carriage and as she was on her way back up, the second defendant drove his van into the rear of the Hackney carriage knocking it on top of the claimant again.
The claimant suffered a significant TBI and had extensive pelvic and hip fractures. She had multiple other orthopaedic injuries but was in essence a permanent wheelchair user.
The parties agreed an apportionment of 70:30 in favour of the claimant being approved by the Court. A face-to-face Joint Settlement Meeting took place and a settlement was agreed (and approved by the High Court Judge) in the sum of £1.95m gross of CRU and interim payments but net of the 70:30 liability apportionment. Mr Grundy was instructed by Kevin Maguire of MRH Solicitors.
The fourth case was a £1m settlement for a Brachial plexus birth injury which occurred almost 16 years ago.
The Defendant disputed excessive force under any circumstances. A JSM took place in the summer of 2023 and a 75:25 liability split was eventually offered and approved by the Judge in the autumn of 2023. The matter then proceeded on quantum.
Significantly at the liability JSM, the Defence made substantial financial offers. The Defendant offered £300,000 gross and then £500,000 gross despite knowing there was no medical evidence to assist one way or the other in that regard and that the Court would need to give its approval.
At a recent JSM, shortly before the trial on quantum, the Defendant offered £1m, after the 25% reduction and this was accepted and was approved by the Judge. Mr Grundy was instructed by Andrew Cragg of Medilaw Solicitors.
Most recently, Mr Grundy represented a Claimant who sustained bilateral ankle fractures in an accident at work. The Defendant admitted negligence but challenged the valuation.
The case settled for £500k, which was more than double the Defendant’s Part 36 offer, rejected on Mr Grundy’s advice. Mr Grundy was instructed by Robert Thornton Smith of Wilkins Solicitors.
