Success for Louis Browne QC in Ministry of Defence Case
October 31, 2017
In the action, JC, a former serving soldier, claimed substantial damages arising out of an accident in a warrior tank which occurred in June 2009.
He alleged that his left lower limb common peroneal nerve lesion was caused by a traction injury when the door of the tank closed on his leg. He alleged that the injury sustained in the accident had caused the termination of his service.
The Defendant argued that the Claimant’s ongoing left lower limb problems were caused by a progressive neuropathy which led to the development of a common peroneal nerve lesion and, save for a short period, were wholly unrelated to the index accident.
The Defence relied upon the expert evidence of Consultant Neurosurgeon, Mr Robert Macfarlane and Consultant Orthopaedic Surgeon, Mr Mick Dennison.
HHJ Robert Owen QC preferred the Defence expert evidence and ruled that the accident was responsible for a period of soft tissue bruising and pain for about three weeks only. This had the consequence that the Claimant recovered no damages as any award was abated entirely by an AFCS lump sum received.
In addition, the Claimant failed to beat a Part 36 offer made very nearly 3 years ago.
The claim raised highly complex issues on the aetiology of traumatic peroneal nerve lesion caused by traction injury and the expected period of onset of symptomology from them.
Louis was instructed by John Bucklow of Kennedys.