Miss R, a retired lady, was crossing a dual carriageway on foot on her way to the local shops. She failed to look for oncoming traffic and walked into the path of a car. The Defendant driver saw her but failed to take evasive action and there was a collision.

Miss R sustained a brain injury and as a result was unable to manage her affairs. She was regularly hospitalised for complications arising from the brain injury and was ultimately unable to return home. She moved into private residential care.

Osbornes Partner Stuart Kightley was asked to take the case over from another firm of solicitors. He issued High Court proceedings and because liability was contested the case was set down for a liability trial.

Queen’s Counsel was instructed and the case was settled two weeks before trial at a settlement meeting for £290,000 (after deduction for contributory negligence at around 45%).

A High Court judge approved the settlement in March 2008, and the fund was invested with the Court of Protection for the Claimant’s benefit.