Stewarts has concluded a claim involving proceedings in the High Court of England and Wales for a young British student, AB, who sustained a traumatic brain injury while on holiday in Cyprus. The settlement is thought to be one of the highest personal injury damages awards assessed under Cypriot law.
Background and incident circumstances
AB was on holiday in Cyprus when he was knocked down crossing a road on the way back to his villa by a local drunk driver. The driver was prosecuted in Cyprus and sentenced for driving under the influence of alcohol, fined 900 euros and had his licence endorsed with four penalty points. (AB and his parents had sought to appeal this sentence with the Cypriot authorities). Astonishingly, despite this conviction, the defendant insurer never formally admitted liability.
Severe traumatic brain injury
As a result of the collision, AB sustained a constellation of injuries resulting in a severe traumatic brain injury and hemiparesis.
At the time of the incident, he had almost completed his second year at university. It is a testament to his drive and determination to succeed that, despite the significant impact of the incident, notable on his cognitive functioning and fatigue, he returned to university. He persevered to secure a diploma before moving on to a vocational course in DJing.
AB demonstrated equal drive and commitment in his rehabilitation, engaging with a range of specialists to maximise his recovery as a fit and athletic individual. Before the incident, AB was in a winning 5-a-side football team, was a keen skier, and drove his own vehicle. During the lifetime of the case, AB was able to return to driving an automatic vehicle and the settlement includes provision for support to enable his return to skiing in the future.
Legal action and settlement
While AB was hospitalised in Cyprus, his parents instructed solicitors recommended by their travel insurer. After around 16 months of limited progress, AB recognised the need for more specialist legal representation in a claim for damages involving life-changing injuries with an international dimension. With his parents’ continued support, AB contacted Stewarts’ specialist international injury partner, Chris Deacon.
Chris arranged for the swift and smooth transfer of the case to Stewarts from the previous solicitors. He then instructed the wide range of experts required to assess AB’s long-term needs. He also contacted the UK handling agent for the Cypriot motor insurer responsible for meeting the claim arising from the drunk driver’s negligence.
Within nine months of instruction, Chris and the team at Stewarts had presented a detailed schedule of loss to the UK handling agent and invited them to agree a pathway to settlement of the claim. DAC Beachcroft were subsequently instructed to represent the defendant insurer’s interests and the parties moved forward to constructive negotiations in the early part of 2026. Those discussions resulted in a settlement of the claim, with High Court proceedings issued for the purpose of recording the terms of settlement.
Cypriot law
It is understood that the final damages agreement may be the highest for personal injury assessed under Cypriot law. Cypriot law applied when determining liability and assessing damages because the incident happened in Cyprus and involved a Cypriot resident defendant driver. It was still possible, however, to bring proceedings in England as AB had returned here to live and is experiencing the ongoing impact of his injuries and losses in England. AB could also pursue the defendant motor insurer directly under relevant provisions of Cypriot and European law.
Like English law, Cypriot law starts from a position of full reparation, or full compensation. However, the approach to calculating future losses is more restrictive, and some other aspects of the approach taken by Cypriot courts reflect cultural differences. For example, damages for informal, family-provided care are rarely pleaded in Cyprus. This is balanced by an interesting feature of Cypriot law: parents or other loved ones who have lost earnings because of a family member’s injuries can pursue a claim for those damages in their own name.
Reflecting on the outcome, AB’s parents commented:
“Our son sustained life-changing injuries when hit by a drunk driver in Cyprus. He spent six months in hospital, including a month in a coma. We started a claim against the driver and his insurers back home in England but were frustrated by the lawyers our insurance company had recommended.
“We switched to Stewarts and were immediately impressed by the swift and precise actions and advice from Chris Deacon and his team. They quickly produced a comprehensive schedule of loss, which formed the basis for negotiations with the defendants. Aided by Matthew Chapman KC, we went through several rounds of negotiations, always expertly advised by Chris. We eventually settled for a significant sum, which we believe is one of the highest awards ever made in Cyprus for a case of this kind. Kudos to Chris, Matt and our friends at Neo Law in Cyprus who worked so hard and diligently to secure an outcome for our son, which should provide him with a financial platform for life.”
Legal team
Chris commented:
“From the outset of being approached to take over AB’s case from the previous solicitors, I set out a clear case plan and strategy, which was endorsed by AB and his parents. We then kept a clear focus to drive AB’s case to a successful conclusion, implementing the agreed strategy and collaborating as necessary with various stakeholders, including local Cypriot law experts, while involving, consulting and closely advising AB and his parents at each stage.
“AB’s case could have provided a precedent that pushed the boundaries on the appropriate multipliers to assess future loss under Cypriot law; however, as with most of my clients, a reasonable settlement is always preferred. I am delighted to have secured a solid outcome that will ensure AB’s future needs are met on a lifelong basis, with careful management and investment of his damages. I am also grateful to AB and his parents for entrusting his case to me and the team at Stewarts.
“Changing legal representation during a case can seem an insurmountable hurdle, yet this is something my colleagues and I see regularly, as individuals and their families come to realise that they only have one shot at getting the right outcome following a life-changing injury or fatal incident. AB’s case illustrates the difference that decision can make, and how we manage the change and transfer smoothly and successfully. I look forward to keeping in touch with AB and his parents and to hearing how he goes on to excel in his future endeavours.”
Stewarts continued to work with Christina Avgousti and Antonis Glykis of Neo Law in Cyprus as AB’s local lawyers and sought specialist input from George Georgiou of GZG Law as an independent Cypriot law expert, notably on enforcement issues. In the latter stages of the case, Chris instructed Matthew Chapman KC of Deka Chambers.