Claimant sued our client for £250,000 for alleged absent workplace safety measures, our evidence led to a major settlement win
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90% reduction in liability
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Client saved hundreds of thousands of pounds
Background
In this case, we contended that the claimant undertook a task he was explicitly instructed not to perform. He was asked to prepare an area for demolition but proceeded without authority to use burning equipment to cut a support beam. The claimant argued that, even if we could prove that he had not been authorised to use the burning equipment, his claim would still succeed because his manager failed to explain why the use of that equipment was prohibited, and there were missed opportunities to prevent him from proceeding.
The claimant presented contradictory evidence regarding the instructions he received. Beyond liability issues, we had surveillance evidence showing the claimant engaged in “work.” The claimant and his “employer” claimed this was not paid employment but rather an arrangement to support the claimant’s mental health. However, even if this was accepted, it demonstrated that the claimant was significantly more capable than he claimed, challenging his compensation demands.
How we helped
Initially, the sum sued was £250,000. At the pre-trial meeting, we offered to abandon the case on a no-cost basis, which the claimant rejected. Instead, the claimant reduced his settlement demand to £218,000. We indicated our intention to take the case to proof and continued preparing our evidence, ready for a lengthy trial.
We maintained our stance up to the day of the court hearing, recognising that a six-day proof would be costly. Ultimately, a settlement was reached at £30,000, inclusive of costs. At that stage, the claimant’s costs were already £45,000. Importantly, we secured a 90% deduction for contributory negligence and the claimant’s written agreement that CRU benefits from January 2021 were not attributable to the accident. This reduced NHS benefits to £1,237.40 and allowed us to successfully appeal the CRU from £49,137.52 to £9,973.34.