The Royal Court of Guernsey has recorded its highest-ever personal injury damages award in the case of JG v AC. Stewarts’ International Injury team represented the claimant, JG, who was 20 years old at the time of the collision in November 2021. JG sustained a complete spinal cord injury, resulting in tetraplegia.
Partner Chris Deacon led JG’s claim alongside senior associate Rebecca Huxford. Chris reviews the case with paralegal Sophia Martines.
The incident
Shortly after midnight on 27 November 2021, JG was travelling with friends as a rear-seat passenger in a VW Golf. The group was travelling to drop each other home after a night out socialising at North Beach in St Peter Port, Guernsey. While travelling along Le Friquet, a 25mph road in the centre of the island, the driver lost control of the vehicle on a bend in the road. He was driving dangerously and exceeding the speed limit. The vehicle clipped a wall on the side of the road before sliding towards another wall, colliding with and travelling up a telegraph pole, before being flipped upside down and coming to a stop on its roof with the passengers and driver stuck inside.
JG was found in a critical condition and taken by ambulance to Princess Elizabeth Hospital. He sustained catastrophic and life-changing injuries, including a C7 complete spinal cord injury following an unstable fracture to his C6 vertebrae. He is now dependent on full-time carers to meet his personal needs and a wheelchair for mobility.
JG was transferred by helicopter to Southampton Hospital, where he remained for several weeks before being repatriated to Guernsey in January 2022 while awaiting admission to a specialist spinal cord injuries rehabilitation centre. In February 2022, with support from JG’s specialist rehabilitation case manager, Verity Boak, Stewarts arranged for JG to be admitted on a private basis to the Royal Buckinghamshire Hospital, where he underwent specialist assessment and rehabilitation, including hydrotherapy.
Seatbelt law in Guernsey and contributory negligence
JG was not wearing a seatbelt at the time of the incident. Wearing a seatbelt as a passenger in the back of a car only became a legal requirement in Guernsey in March 2019, meaning JG had grown up without this being second nature to him.
The starting point under the common law for contributory negligence is that a passenger not wearing a seatbelt will see their damages reduced by 25% unless they can show the seatbelt would not have made a difference to the outcome. JG’s legal team gathered extensive expert evidence to inform the analysis of this issue from accident reconstruction and seatbelt experts, as well as medical causation expert evidence from emergency medicine consultant Dr Rod Mackenzie. This enabled robust legal argument that the seatbelt would not have made any difference to the outcome in JG’s case because of the forces exerted on the vehicle during the rollover and impact with the road, combined with the limited headroom JG had as a 6ft+ tall rear seat passenger in the Golf.
Interim funding
During the evidence-gathering process and prior to final settlement negotiations, Stewarts worked collaboratively with the defendant motor insurer and their legal team, led by Paul Cox at DAC Beachcroft. JG received almost £3m in interim payments, allowing him to purchase and adapt a new home on the island to suit his long-term needs.
JG’s new property includes a large workshop and garage, which can be adapted to enable him to continue to enjoy his passion for motorsports and car restoration. It also has a swimming pool, providing scope for a hydrotherapy facility. There was wide support among the medical experts in JG’s case that he should have a home hydrotherapy facility, which benefited him enormously during his time at the Royal Bucks Hospital. JG describes being in the water as making him “feel normal again”.
The interim funds also enabled JG to purchase high-quality, bespoke rehabilitation and therapy equipment, access support from a specialist neuro-physiotherapist and occupational therapist, and meet his significant (and life-long) care and case management needs.
The settlement
Shortly after issuing court proceedings on a protective basis in the Royal Court of Guernsey, the parties reached agreement on a final lump sum settlement of £23m.
Following the settlement, JG and his parents said: “We would like to thank everyone from the team for all the hard work involved and support you have given us. You have managed to get us this amazing settlement for JG’s future. Like we always say and say again, we don’t know where we would have been without you all. You have all a special place in our hearts, and we will never forget any of you. Thank you again.”
Chris commented: “It has been a huge privilege getting to know JG and his parents and representing him in his claim for damages following this devastating incident.
“The level of settlement agreed in JG’s case reflects his young age, long life expectancy, requirement for two carers at certain times during the day to meet his care needs safely and the prevailing economic factors in Guernsey.
“The cost of providing specialist spinal cord injury care has risen sharply in recent years and comes with added challenges on a small island with limited resources for spinal injuries such as Guernsey. In addition, Guernsey has not yet legislated to fix the personal injury discount rate, meaning a detailed analysis was undertaken in JG’s case with expert economist and actuarial evidence on both sides to inform the appropriate discount rate when assessing the likely cost of JG’s future needs, including care, medical treatment, aids, equipment, housing and travel.
“The conclusion in JG’s case reflects what I consider to be an excellent example of collaborative working in action between the parties, navigating through the challenges and complexities of the case and cooperating to reach a sensible outcome.
“I would also like to pay tribute to JG’s positivity and determination to return to his former passion for cars, motorcycles and motorsport, as well as the unwavering support and dedication of his parents.”
JG’s case has received press coverage in local media including Guernsey Press and Island FM.
Legal teams
JG was represented by Chris Deacon and Rebecca Huxford. They instructed Gerard McDermott KC and Ian Denham of Outer Temple Chambers, and Sam Cuthbert of 4 New Square in the earlier stages of the case. JG retained Walkers as local counsel in Guernsey to issue protective proceedings shortly before the settlement meeting, which took place successfully on the eve of the third anniversary of the incident.
The defendant and his insurer were represented by Paul Cox and Leah Mitchell of DAC Beachcroft, who instructed Stephen Worthington KC from 12 King’s Bench Walk and Gordon Dawes of Mourant as local counsel in Guernsey.
You can find further information regarding our expertise, experience and team on our International Injury page.
If you require assistance from our team, please contact us.
Subscribe – In order to receive our news straight to your inbox, subscribe here. Our newsletters are sent no more than once a month.
