Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10442
I now have a little more faith
I now have a little more faith in the courts following a case with a 'where there's a blame there's a claim' solicitors.
Back in 2015 we had a hire van serviced in our workshop. The mechanic working on the van fell over as he exited building for the 6th time to get some bits from his van. He said that he fell over the runner to the large sliding door. The runner sits about 19mm above the concrete. We were not convinced that he fell over the runner, he drags his feet to the point that his shoes were worn severely on the inside edge, his laces were undone and the cctv footage shows him looking back at the van just before he falls. As a result of the fall he hurt his arm, a small fracture type injury to the elbow end of the radius.
Bottom line is we were taken to court for his injuries and lots of other items he was claiming for. For instance a carer for 2 hours a day @£9.90 Per hour (his wife), daily travel expenses @0.60p per mile for his carer to go the the shops to buy him food and provisions. The list goes on and on and on.
Now I have no doubt that he fell and hurt his arm, at the end of the day he fell whilst on my property. Whilst not convinced that he fell over the runner. I would have been willing to agree a reasonable settlement figure however what he wanted was a bit over the top, so we ended up in court.
Don't want to bore you with 4 hours of court case but the judge decided that he didn't have a case for the following reasons:- The door runner was a feature of the building. MrX was aware of the runner as he had walked over it several times previously. The judge asked him how long he had been a mechanic, then asked him if he understood the mechanical operation of a sliding door, he said that he did. The judge also noted that I had provided a 'reasonably safe environment' as required by law.
My Barrister, myself and the judge simply blew the 'where there's a claim there's a blame' solicitor out of the water.In the Beginning there was nothing, which exploded.
7th Jan 2019 5:25 pm
astonbuilder
Member Since: 29 Sep 2006
Location: MIDLANDS
Posts: 8143
you should've lodged a counter-claim for stress, loss of earnings etc.
7th Jan 2019 5:34 pm
LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23833
Very satisfying. being obviously stitched up is always a boiler. 2006 D3 HSE (Original & still the best)-GONE
2010 D4 HSE (A bit bling)-GONE
2014 D4 HSE (Almost too bling)-GONE
2015 D4 HSE (A heated what?)-GONE
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7th Jan 2019 5:50 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 73094
for fighting it and for winning.
7th Jan 2019 5:53 pm
ianm27
Member Since: 02 Jun 2016
Location: Hertfordshire
Posts: 2154
excellent result for you
Unfortunately is does seem to be a sign of the times that if something untoward happens it must be someone else's fault which is fueled by the army of no win no fee quasi solicitorsUncle Ray's spare wheel protector
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7th Jan 2019 6:06 pm
rrhool
Member Since: 28 Aug 2014
Location: Norfolk
Posts: 4525
Good, I like positive results like this. Richard
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7th Jan 2019 6:35 pm
GLYNNE
Member Since: 06 Oct 2006
Location: KENT
Posts: 4695
So who foots the bill ?
7th Jan 2019 6:37 pm
AndrewS Tarquin of the Desert
Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10442
My insurer and myself paid, insurer picking up the majority. It was agreed that no appeal = no counter claim. So it got put to bed.
Claims that are dubious are being fought, hopefully the scum solicitors will get the message that they won't always win.In the Beginning there was nothing, which exploded.
7th Jan 2019 8:42 pm
Gareth Site Moderator
Member Since: 07 Dec 2004
Location: Bramhall
Posts: 26776
Well done Andrew. Shame you had to fork out to defend yourself. What chance you get that back? Not a lot I would think.
7th Jan 2019 8:50 pm
leeds
Member Since: 30 Aug 2010
Location: West Yorkshire
Posts: 4314
Glad you won Andrew S. Now what annoyed me about your post was that they tried to claim mileage for doing the family shopping. That was just trying t take the proverbial. It is just a pity that the court case took 4 hours!
Brendan
7th Jan 2019 8:51 pm
AndrewS Tarquin of the Desert
Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10442
That was the tip of the iceberg Brendan, and way above the HMRC £0.45 allowed rate. In the Beginning there was nothing, which exploded.
7th Jan 2019 9:06 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
Nice one chap
Did he fix the van?
7th Jan 2019 9:33 pm
leeds
Member Since: 30 Aug 2010
Location: West Yorkshire
Posts: 4314
We were taken to court a bit back by shall we say a disgruntled non customer. Our customer was another company and that company owner decided to take us to court so did not have a legal leg to stand on from the start. Court case took less then 5 minutes as the plaintiff did not attend. The judges comment were 'interesting' abuse of due process was one of the milder comments. We were awarded costs etc but that does not cover things like time to attend court etc
So I understand the frustration and sense of injustice during the process but it did come to a 'relative successful' conclusion.
Brendan
7th Jan 2019 9:33 pm
maxbasscat
Member Since: 03 Jan 2016
Location: Cambridgeshire
Posts: 1267
Excellent news but you still had some losses and inevitable worry!
My son had his day in court today too and was successful as well. He is not celebrating but is so glad it is all over for now. Prompted by my success with Small Claims Court with a certain ex member breaking Disco’s on here( hopefully no longer in business) he was tempted. Quick, simple and very satisfying for me. His has been a dreadful experience of lies, unnecessary prolongation, veiled threats as a so called professional decorator did a terrible job on his house refurbishment. Probably one of the worst examples of domestic painting and decorating I have ever seen. What staggers me is the belief that they have done no wrong and think they can get away with blagging their way through life. He knows its sheriffs or bailiffs next!
Ambulance chaser solicitors and the development of the compensation culture have brought the legal system in to disrepute and the necessity for good people to fight to get a fair hearing. You have to spend time developing your claim and risk not being believed in a hearing. Well done for fighting and winning.D3 2.7 Zermatt silver (not another one)
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good to hear
boiler. 
