Workman Compensation
Case Study 1
Instructed by loss adjusters to defend a claim that involved a construction worker falling from an external construction cradle. Claim was for injury and loss. Was successfully defended on the merits the system in place and training offered by the employers had been reasonable and in fact had saved the claimants life given he did attach his safety chord to the cradle. Claim dismissed.
Case Study 2
Instructed by insurers to investigate and advise on a claim where the claimant had been to a restaurant and had consumed a substantial amount of alcohol and while visiting the toilets he stumbled and fell down the stairs and as a result suffered serious injury in losing an eye. The issue was one of duty of care to the customer. The stairwell was steep and manifested itself as a risk to a person that was drunk and something the owners of the restaurant should have been aware of. The owners were adamant they had no blame but the matter was settled for a sum substantially less than claimed arguing successfully a high level of contributory negligence on the part of the claimant.
Case Study 3
Instructed by claimant (22 years of age at the time ) who suffered two wedge fractures in her lower back whilst attending a marketing event for her company. The claimant had organised an overseas skidoo event for her company’s clients and whilst participating suffered injuries upon losing control of her skidoo and colliding with a tree. A claim was brought against her company for employers liability for injuries and losses. Liability was vehemently denied as the claimant had organised and controlled organising the event from the outset and if anything the skidoo company should be to blame. Five years of investigation and denial lead to a trial on the liability issues. Judgement was given to the claimant on the issue of who was liable, namely her company was. Damages eventually agreed for a significant sum as the claimant was both physically injured and psychologically injured such that she could no longer face work.
Case Study 4
After an on board fire representing charterers in London Arbitration, including charter-party claims, extra discharge expenses, dangerous/hazardous cargoes, cargo loss/damage, general average. Legal proceedings in Spain and USA, Salvage Arbitration.
Case Study 5
Successfully defending claims for damage to property (including fire damage to a fleet of vehicles) and loss of profit made against UK market insurers under policies in the Queen’s Bench Division of the High Court.
Product Liability Claims
Case Study 3
Representing road hauliers and their liability insurers in a claim for damage in transit to a power station, successfully pursing recovery in a product liability claim via the German courts.
Motor Insurance Litigation
Case Study 4
Instructed by insurers to investigate a motor collision with a claimant who had suffered significant injuries when he was run over by the defendant. The claimant had been on a works night out and had consumed much alcohol. He decided to walk home along a country lane and fell asleep in the middle of the road. The defendant driver in the early hours of the morning was driving to work and drove over the sleeping claimant and immediately went to assist. A claim for negligence was brought against the defendant driver for failing to notice or drive at a speed commensurate with road conditions. A substantial claim for losses by the claimant was brought for injury and future losses. insurers were advised to make a rigorous defence with no offers to settle on the basis it was not reasonably foreseeable that someone would be sleeping in the carriageway of a country lane at very early hours of the morning. Three years of action and eventually the matter came to Trial. The judge found the issue of reasonable forseeeablity the key test in this case and it was unforeseeable and the claimants claim was dismissed entirely.
