Mrs R was walking underneath some scaffolding, on a public road, when one of her feet slipped on a loose piece of plastic. The piece of plastic apeared to have broken off an old and brittle treader plate from the foot of one of the scaffolding poles. Unfortunately, Mrs R fell heavily onto the pavement, breaking her hip, requiring a hip replacement. Although she made good recovery from the surgery, she continued to have some pain in her hip, particularly when bending and kneeling which meant that she was only able to return to work on a part time basis.
Mrs R initially approached the contractors involved in the building work herself. Unfortunately she was passed around the various contractors and sub-contrators with none of them seemingly willing to accept responsibility for the incident. As a result, Mrs R approached James Braund regarding the potential claim. James managed to identify the approriate contractor who appeared to be resonsible for the scaffolding and put the claim to them. Liability was denied by the contractor, who considered that the scaffolding had not been defective, despite a report shortly after the accident concluded that the treader plate was old and broken and should not have been used. James spoke to witnesses to the accident and gathered appropriate evidence regarding the accident and also regarding Mrs R's injuries and losses such that he was then able to issue and serve Court proceedings.
Matters were complicated further by the fact that both the contractor and their insurance company were seemingly insolvent with no assets. James was able to press the contractor's representatives to register the matter with the Financial Services Compensation Scheme, such that Mrs R was able to recover 90% of her claim against them (with the option to still seek recovery of the remaining 10% from the contractor itself, if there were any funds within the company to enforce against).
Although matters were formally defended by the contractor's representatives, due to the strength of evidence gathered, settlement discussions soon took place, following the service of Court proceedings and James was able to settle the claim in the gross figure of £35,000.