Defendant Personal Injury - Recent Work Experience
Examples of recent work undertaken by the Defendant Personal Injury Team
- Defending a nuisance claim brought against a landowner by a claimant who lost control of her motorbike on a major road because of mud that she alleged had come onto the road from the landowner's farm. A police accident report did not mention excessive mud on the highway and there were several fields alongside the highway that were owned by other landowners. The landowner presented evidence of his farm practice and denied the mud came from his land. The landowner also called two police officers as witnesses to the condition of the road at the time of the accident. The case was heard in August 2010 and later dismissed. Had the claim succeeded, it would have placed a large burden on formers and their insurers in future cases of mud on the road;
- Advising the defendant in a personal injury claim on the offer of damages to a claimant that sustained multiple injuries in an accident where liability had been admitted. The defendant made an early Part 36 offer of £60,000 but as medical evidence suggested that the claimed had failed to prove her ongoing disabilities were as a result of the accident, counsel advised withdrawing the Part 36 offer and offer £45,000. However we advised the defendant that if the claimant accepted the lower offer, she would be entitled to costs which would equate to the £15,000 between the two offers. The claimant accepted the earlier offer. Costs were claimed at over £31,000 and we disputed these. Following negotiation with the claimant's solicitors, costs were agreed at £20,000 representing a one third reduction in the overall costs claimed and the costs of a detailed assessment were avoided.
- Acting for Witheridge Football club, defending a significant claim for damages brought by a football player from another club playing on a semi professional basis. The claimant suffered a very serious leg injury and suffered a significant loss of earnings. However, the defendant adduced crucial evidence to prove that there had been no breach of duty of care towards him by the club. Ultimately, and purely on a commercial basis, the defendant decided to make a gesture of goodwill to the claimant and paid him the sum of £2,060 inclusive of costs;
- Acting for a farmer whose employee was killed whilst using a quad bike on his land. There were no witnesses to the accident and expert evidence was obtained from a vehicle examiner and an accident reconstruction expert. The client was interviewed by the Health & Safety Executive who were considering a criminal prosecution as well as the police. Matters were complicated by the fact that our client was deaf. The claim was settled out of court for considerably less than the pleaded claim;
- Acting for a farmer on whose land a milk tanker driver slipped and fell whilst collecting milk sustaining severe leg injuries causing permanent disability. Allegations were made against our client under the Occupier's Liability Act and also the Workplace (Health Safety and Welfare) Regulations 1992. As a result of our Defence a split trial on liability was agreed. The Claimant then joined his employers as Second Defendant and the issue of liability was later settled out of court whereby the client's liability was limited to 25%;
- Acting for a motorist who collided with the claimant's motorbike causing catastrophic injuries resulting in paraplegia. Liability was admitted at an early stage and interim payments were made. Settlement was reached before the issue of proceedings for the sum of £3,325,000. The case required a case manager and expert evidence included reports from a neurologist, clinical psychologist, orthopaedic surgeon, physiotherapist, architect and care consultant. Costs were claimed at over £200,000 and we disputed these. At the detailed assessment hearing costs were reduced to £133,000;
- Acting for the Defendant in a RTA involving a Fatal Accident. Both liability and quantum were in dispute. Expert evidence included analysis of the tachograph and accident reconstruction. The deceased had recently separated from his wife which complicated the claim for dependency. Case settled shortly after Trial Bundles were prepared following the Claimant's acceptance of the Defendant's offer making a small concession on liability. The claim was settled for £37,500 against an original claim in the region of £250,000;
- Acting for the Defendant company which was a co-Defendant in a claim arising from an accident in a factory in Spain. The claim was subject to Spanish Law and issues involved included the legal relationship between the Claimant and the Defendant Company via his employers and their sub-contractors. Procedural aspects of the claim were dealt with under English Law. The claim was successfully defended and the claim was withdrawn;
- Acting in defence of a claim for compensation by a young woman who suffered multiple injuries including the loss of an eye following a head on collision on a main road. The claim was for in the region of £1million and it involved 17 experts. We actively engaged in negotiations with the Claimant's advisors and set up an informal mediation at which a settlement was reached out of court which was well within the reserve and saved legal costs;
- Acting for a Higher Educational College in defending a very substantial claim for damages by an ex-employee for mesothelioma. The case involved eight defendants and was successfully defended, resulting the Claimant having pay the College's legal costs;
- Representing a Defendant tractor driver who was in collision with a motorcyclist on a country road. Maintaining a full denial liability. Rejecting the Claimant's 50/50 liability settlement offer. Facing a substantial claim in excess of £300,000 on the basis that the Claimant had suffered a permanent loss of function in his right arm and was claiming for significant future loss of earnings. Following exchange of witness statements and expert reports, successfully negotiating settlement of the Claimant's claim without any admission of liability for £25,000 (inclusive of costs) shortly before the hearing to determine liability; and
- Advising on evidence and settlement options shortly before expiry of limitation period when medical evidence and schedule of loss were finally supplied by the Claimant. The Claimant made a part 36 settlement offer and we were asked to carry out a full review of the offer in the light of the evidence. We advised the client to offer £38,000 (against a claim estimated in excess of £80,000). Our client's offer was accepted 10 days before limitation expired. The settlement achieved was just over half the client's reserve figure.
