Case Studies

INSURANCE LITIGATION

The following cases have recently been handled successfully on behalf of defendants and insurance companies.

Employer’s duty in  appointing contractors with regards to liability cover

 Accident in a Nightclub

 Court Appeal 2 June 2004.

In this claim we acted for the Defendant who operated a nightclub. Mr Payling was injured whilst visiting the defendant’s nightclub and pursued a claim against the Defendant. An issue  arose as to whether there was a free standing duties for owners to ensure that contractors held public liability insurance cover. On an appeal from the County Court in Sheffield, the Court of Appeal held that whilst there was a duty on a nightclub owner to take reasonable steps to ensure that the independent contractor engaged to provide security services was competent, there was no freestanding duty, save in exceptional circumstances, on the owner to ensure that the contractor held public liability insurance cover. There is a possibility that this may go to the House of Lords.

 Accident in a Nightclub

A claimant sought compensation having fallen down a set of stairs in a nightclub. The claimant alleged that the insured/defendant was negligent and in breach of duty under the Occupier’s Liability Act, having left a pool of water on the stairs. The claimant had sustained a serious injury to her ankle. Liability was disputed. At trial the claimant’s case was dismissed. The claimant was ordered to pay the insurer’s legal costs.

 Injury On Private Property

A male claimant had allegedly fallen into a hole in an insured’s/defendant’s car park and sustained a serious injury to his ankle. The matter was contested by the insurers. At trial the case was dismissed and the claimant was ordered to pay the defendant’s costs.

 Injury During Sports

A male claimant sustained an injury while water-skiing. The claimant sought to recover substantial damages for injury and loss of income, and particularly from income as a rally driver. After trial the claim was dismissed and the claimant was ordered to pay the defendant’s costs.

  Injury Whilst Go-Karting

A male claimant was injured on a go-karting track. The claimant was legally aided. After discovery and inspection, representation was made and the legal aid certificate was discharged. The claim was then settled for a nominal sum.

  Injury At Work

A male claimant sustained a serious injury at work. He was employed by the insured/defendant but had been sent away from his usual place of work. He was wholly supervised and managed by a third party. The insured/defendant sought indemnity from the occupiers. A substantial way into litigation the occupiers agreed to indemnify the insured/defendant.

COMMERCIAL LITIGATION

 Partnership Dispute

Our Client was sued by his former partner initially in the Liverpool District Registry of the High Court but the matter ended up in London.  On the fifth day of the trial the claim against our client was discontinued and our client recovered his cost of  defending the action. Our client was able to preserve his business with minimal cost to him.

 Property Litigation

This client was referred to us by a northern law firm with whom we have a fee-sharing agreement.  Our client was a defendant in proceedings started by his former partner.  The action was started in Liverpool District of the High Court but ended in Manchester. We represented our client at mediation and after a lengthy mediation the matter was compromised to our client’s satisfaction. The settlement led to our client preserving all his properties.

CURRENT INSTRUCTIONS

Our current instructions amongst  others include:

  • A dispute over ownership of offshore companies  worth two million pounds.
  • A solicitors negligence claim against our  client’s former solicitors
  • Advising and assisting a law firm in relation to  the Solicitors Regulation Authority
  • A dispute over damage to sculptures worth over  three hundred thousand pounds.