Australian man, Kyle, recovers substantial compensation after suffering head injuries. Compensation secured for mesothelioma victim

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Who we are...

• Child abuse

victim recovers

£5.5m

• Cyclist wins

100% of claim

Personal injury news

Compensation secured for

mesothelioma victim

Michael’s

Story

Mesothelioma

Case

E-coli 0157

Outbreak

The Patels

Compensation secured for

mesothelioma victim

Australian man, Kyle, recovers substantial

compensation after suffering head injuries

Spring 2013

Paul McNeil Partner 020 7861 4019 Peter Williams Partner 020 78614825 Jill Greenfield Partner 020 78614557 Andrew Morgan Partner 020 7861 4036 Caroline Pinfold Partner 020 7861 4022 Richard Earle Senior Associate 020 78614041 Mark Bowman Partner 020 7861 4043 Dushal Mehta Associate 020 7861 4033 Jenny Bradley Solicitor 020 7861 4530

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FFW provides a

‘first-class’ service to

clients.

The Legal 500 2012

“

The cases in this newsletter I hope help to demonstrate the very significant level of expertise within our department. Many of our lawyers are recognised as “Leaders” in the field of personal injury law and have recently been added to the newly introduced “Super Lawyers UK” list.

Our key focus is our client. If a client instructs a Partner in our department, then it is that Partner that will be progressing their claim for them. It is important that we are able to maintain and establish that very important relationship with the client. We focus hugely on rehabilitation. We put in place the tools to allow the Claimant to recover, so far as possible, a reasonable quality of life. We see this as essential to our role.

Here you will see the kind of work that we have done for and with our clients. These are just a few of the highlights, there are of course many more such cases. Key highlights include: • £5.5 million for a young man

awarded by the Criminal Injuries Compensation Scheme;

• A significant sum (confidential by a Court Order) for our client, Kyle Bullock, who suffered a very severe brain injury when he fell in a pothole;

• £820,000 for an aspiring young Barrister who suffered significant leg injuries in a road traffic accident; and • Campaigning successfully for

the introduction of a brand new compensation scheme to British Victims of Terrorism abroad launched in 2013, which we were instrumental in the campaign for. I do hope you find this interesting. I also hope that you can see that our work is such that we will always work extremely hard for our clients, we are committed to their cases and rehabilitation and we obtain for them extremely good results.

Please take the time to read on and find out what we can achieve for you. If you would like further information, please do contact me or one of our team members.

Alternatively, please visit our website, which has recently been relaunched, at

www.ffw.com/personalinjury.

I hope you enjoy the newsletter. Paul McNeil

Head of Personal Injury & Clinical Negligence Department

Welcome to the 2013 Edition

of our Personal injury news

Contents

9

Cyclist wins 100% of claim after cycling accident

2

Welcome

11

Compensation secured after catastrophic motorcycle accident

4

Australian man, Kyle, recovers substantial compensation

14

Useful organisations

15

Meet the team

13

Campaign to change law on terrorism compensation

3

Child victim recovers £5.5m from the CICA

12

£400,000 secured for mesothelioma sufferer

7

Barrister who suffered brain injury recovers compensation

6

Group action for children exposed to E Coli 0157

5

Seven figure recovery for road traffic accident victim

Client sustains multiple injuries due to accident at work

10

8

Mesothelioma claim settled with help from our archives

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3

www.ffw.com/personalinjury Freephone 0800 358 3848

Caring for our clients Commitment to our cases Cutting edge expertise

“

Jill Greenfield and Mark Bowman were instructed by the adoptive mother of a young boy, Chris, who had been injured as a baby.

At just a few weeks old, Chris was subjected to an injury, resulting in him suffering severe brain damage. A claim was made to the Criminal Injuries Compensation Authority. Over the initial 18 year period the family were provided with interim payments of just £22,000. In spite of the lack of support, Chris’ adoptive parents, and in particular his mother, selflessly cared for the child including schooling him at home.

The progress that Chris had made under the care of his adoptive mother was even more impressive in view of the contents of an MRI brain scan which revealed that 75% of the right side of the brain had been damaged. It was apparent that the plasticity of the brain for this young boy had allowed him to develop many life skills that confounded the medical experts. However there were clearly very many behavioural problems.

At the time of our instruction in 2010 the family were reliant on DSS benefits. The home environment was unsuitable and the family was struggling significantly to deal with his behaviour.

The injury had occurred before 1992 and so before the CICA had a cap of £500,000. It was clear that the critical issue was to ensure that a proper care and rehabilitation regime was put in place in order to try to deal with some of the outbursts but also in order to let the client’s mother become more independent of her now adult son.

Upon instruction Jill Greenfield and

Mark Bowman were able to:

• Obtain an immediate interim payment of £50,000

• Rent more suitable accommodation for them to live in

• Employ a case manager • Employ carers

• Obtain a full medical evaluation as to his future needs.

Child victim recovers £5.5million from

the CICA

Reports were obtained from a number of experts who all agreed that as a result of the care provided by Chris’ adoptive mother our client had made amazing progress over the previous 20 years. As a result of the severity of the injuries sustained however, there was unlikely to be any further progress, and therefore our client would never be able to live independently. We were able to obtain a further interim payment of £1,000,000. At a CICA hearing in July 2012 we were able to secure an award of over £5.5 million which will ensure that Chris has a suitable care regime for life, that he can live in appropriate accommodation, and that his finances are suitably managed to ensure that he is looked after for life.

Chris was subjected to brain injury at just a few

weeks old.

Field Fisher

Waterhouse not only

helped us to get a

significant payment, but

they also supported us

throughout the process,

and helped us find skilled

brain injury professionals

who have been able to

make a difference to

my son’s life.

Chris’ mum

“

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Kyle Bullock was on his way home with friends on 22nd July 2007 when he was coming down Lightfoot Road, Haringey. This road was particularly steep with a 1 in 10 gradient. It was night time and whilst there were street lights it was the Claimant’s case that the road was not terribly well lit. Worse than that however was the presence of large pot holes in the road. It was the Claimant’s case and the evidence of his friends that he had stumbled in one of these potholes whilst coming down the road.

That had caused Kyle to fall very heavily indeed and such was the gradient of the road, he was unable to prevent his fall. He suffered very serious brain damage. Kyle was initially taken to Whittington Hospital and placed in the intensive care unit. He later underwent brain surgery. He spent an extended period in a brain injury rehabilitation unit and required help and support with most aspects of daily living.

Jill Greenfield was instructed. The Defendant, Homes for Haringey Ltd, initially denied responsibility although they accepted that they had not

maintained the road to a proper standard. They denied that the potholes had caused the accident. The road had in fact already been logged in March 2007 as a road that was on the Network Priority List as requiring works. It appeared

that the road may have been left in this condition for some years. Members of the public had also complained about the poor state of the road. Documents indicated that this road was one of the streets in the area that was “subject to high levels of complaints and accident claims.” Eventually the claim in respect of liability settled in 2008 with the Claimant agreeing to accept 72.5% of his full claim value. This agreement was approved by the High Court in London.

There then followed litigation in which the Claim was to be valued. Kyle was at the time working in London for a charity and lived with his partner in a newly purchased flat. He was not however able to return to work and his relationship faltered. He took the decision to return to Australia, where his mother and many of his friends were based to continue with his rehabilitation. Unfortunately Kyle went on to develop epilepsy. He now lives with the consequences of his brain injury on a daily basis and has help and support in Australia.

Following extensive litigation the claim was settled for a substantial sum which was approved before Sir Raymond Jack sitting as a Judge of the High Court on Monday 11th March 2013.

This was a very significant international brain injury case which brought with it very many legal complications. We worked with Australian lawyers and sought specialist advice as to the legal implications of any settlement.

Australian man, Kyle, recovers substantial

compensation against Homes for Haringey Ltd

You helped me

every step of the way

and gained an excellent

result for me. If I look

back and think about

what my life would’ve

been without you

fighting my corner, I

could have been in a

real mess physically,

psychologically and

financially. As they say,

you saved my

bacon!

This was large scale

international litigation;

fortunately we had the

expertise to get it right.

“

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5

Caroline Pinfold secures compensation for

Essex mesothelioma victim

This process created a lot of asbestos dust which unfortunately Tom breathed in because he was not provided with a mask. Furthermore his employers did not warn him about the potential risks to his health from the asbestos dust.

In May 2012 Tom developed pain in his chest. A biopsy was performed in July, following which he was diagnosed with mesothelioma. When the diagnosis was confirmed, Tom instructed our asbestos expert Caroline Pinfold to pursue a claim for compensation against the former employers. Caroline was able to obtain an admission of liability and an interim payment of compensation for him in October 2012 within the space of three months. Additional evidence was obtained and following further negotiations the claim was settled in February 2013.

Mr Davy was exposed to asbestos when working in a large scrap metal yard in East London owned by Thos W Ward Ltd. He went straight from school in 1961 and was there until 1965. Tom worked as a lorry driver’s mate and had to load and unload pipes and other scrap metal covered in asbestos lagging.

Our client, Devbai was walking home from shopping when there was an accident on the dual carriageway nearby. As a consequence, a large lorry mounted the pavement and ran her over whereby she sustained very serious head and arm injuries. She required surgery and has since required care and support from family, case managers and carers.

Jill Greenfield was instructed by the family. Initially, there was a denial of liability. However, it soon became apparent that the Defendant driver had been drinking. The Defendant’s legal team at one point did suggest that there ought to be a negotiation in respect of liability.

Given that the Claimant was a pedestrian, we completely refused and sought full compensation. Eventually, the Defence accepted full liability. Very many experts were involved in the valuation of this claim. A care regime was put in place

and Devbai was moved to a more appropriate accommodation. After lengthy negotiations, the claim eventually settled for a seven figure sum. The compensation secured will allow Devbai to receive care and support for the rest of her life.

Devbai Patel - Seven figure recovery for road

traffic accident victim

“

Said Mr Davy

Tom had to load and

unload pipes and other

scrap metal covered in

asbestos lagging.

Caroline worked very

hard and was genuinely

concerned for me. From the

very first interview she kept

me in the picture right up

until the case conclusion.

The compensation will

help my wife be financially

sound when I am no longer

around.

Everything went as well as I could have

imagined. I did not have to worry about any

aspects of the claim. Jill looked after all the needs

of my wife from start to finish. She was able to

negotiate a seven figure global settlement, with

the majority of the award being for future care

and support. Jill instructed the best care managers

and physiotherapists and ensured that my wife

will have the best care available to her. I cannot

recommend her services highly enough.

“

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£820,000 secured for severe leg injury after

road traffic accident

Mark Bowman secured £820,000 for an aspiring Barrister and talented artist, who was the victim of a road traffic accident.

David was walking to his local supermarket in March 2008. He was passing a 10ft concrete wall which adjoined his property, when a lorry exiting the property clipped the wall bringing it down on top of him. David faced a long and arduous struggle with pain management and an intensive physiotherapy regime over the following months. He required the use of an Ilizarov frame for 9 months and moved back in with his parents so they could assist with his care and mobility, as he required round the clock attention. He was also suffering from chronic post-traumatic stress disorder, resulting in nightmares, intrusive thoughts, flashbacks and depression. David commenced his Pupillage with a renowned civil set of barristers in July 2008 despite the Ilizarov frame

still remaining in place. Despite his best efforts, a decision was taken to postpone the second half of his Pupillage until he had made a further recovery. Due to the severity of his injuries he did not return to work until November 2010.

As a result of the accident, David has been left with permanent nerve damage, and a ‘drop foot’. His right leg is shorter than the left meaning that he will require special orthotic footwear for life. He will also require a number of knee replacement operations in the future.

Owing to the severity of the injury, David was in touch with Mark Bowman

to pursue a claim on his behalf. Liability was admitted early on and Mark’s main task was to quantify David’s claim, and in particular the amount of future loss of earnings, as he was not taken on by chambers following his Pupillage. Initial offers from the Defendants of £25,000 and £40,000 were

immediately rejected and sizeable interim payments were obtained to help David fund his ongoing treatment and rehabilitation. Mark successfully negotiated a settlement

of £820,000.

David faced a long and arduous struggle with pain management.

Mark worked very

hard in juggling the various

demands of what became

a very complex, multi-issue

case and was always on top

of the work load and the

timetabling we faced.

“

After the case, David had this to say about Mark:

Group action for children exposed to

E-coli 0157 in the largest ever UK outbreak

In 2009, over 90 people contracted E.coli 0157 when visiting Godstone Farm, a petting farm in Surrey, including 76 children under the age of 10. Field Fisher Waterhouse LLP has been acting for more than 30 of the Claimants, some of who have suffered very serious health problems and may require kidney transplants in the future.

The matter came before the High Court in March 2013 to deal with the dispute between Godstone Farm, the Health Protection Agency and Tandridge District Council to decide who was liable. Mr Justice Turner confirmed Godstone Farm were wholly liable for the incident and ruled that no responsibility for the outbreak could be placed on either of the public authorities.

We are pleased that there has been a decision for what has been a trying time for all the families involved. This story was covered heavily by the press and Jill also appeared BBC News and ITV News discussing this matter in detail.

This is an outcome

that I am sure many

families will take comfort

from, they will be relieved

that a resolution has been

found and a conclusion

has been brought to what

has been a long period of

uncertainty.

Partner Jill Greenfield said,

Richard Earle has been acting for over 30 of the Claimants, some of who have suffered very serious health problems.

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7

Michael Waterworth was a successful Chancery barrister at 10 Old Square. He was seen as a leading light in trust matters and had a highly successful practice. On 30th May 2011 he was at a party for newly appointed silks and went on with colleagues to Daly’s Wine Bar in Fleet Street.

During the course of the evening he went to the bathroom at Daly’s wine bar which was situated down steep stairs. On his return up the stairs he fell. The evidence suggested that he had fallen from the very top of the stairs to the bottom and he suffered an extremely serious brain injury. He required brain surgery and remained in a coma for several weeks.

It was clear upon his emergence from coma that this was a life changing event. His communication difficulties are now poor. He has undergone several surgeries and is undergoing rehabilitation.

Jill Greenfield was instructed by Michael’s wife, Caroline Waterworth (also a barrister) in June 2012 to pursue the Claim. The claim centred on the lack of a sufficient handrail on the particular stairway. This stairway was a “winder” curving to the left; which meant that steps on the left curved around the corner and narrowed as they did. It was Michael’s case that the handrail was insufficient. The hand rail leading up the stairs stopped, there was then a gap and then the hand rail recommenced around the corner. This meant that at the point of the corner itself there was no handrail. We argued that this was in breach of British Standards for winder stairways.

The Claimant denied liability. It should be noted that cases involving stairways are notoriously difficult. The case progressed at a very quick pace and was concluded within 5 months of initial instruction. A compromise settlement for a significant sum was agreed and approved before Mr Justice Ramsay 11th December 2012.

Barrister who suffered brain injury recovers

substantial compensation

“

Michael’s wife Caroline

says:

Michael and I would

never have imagined that

this could have happened

from something as simple

as climbing a flight of

stairs. We are immensely

grateful for all of the

support and good wishes

we have received during

the last six months and we

are particularly thankful

for the compassionate

and efficient manner

with which Jill Greenfield

brought the matter to

a conclusion. This will

allow us and our family to

adjust to the new set of

circumstances we face.

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Peter Williams secures full

compensation with help from our archives

Industrial Disease Specialist Peter Williams acted for Graham Mason who was diagnosed with mesothelioma at Southend Hospital in August 2011. Graham worked as a fitters mate for J.W. Coward & Co of Chelmsford in the 1960s. He worked alongside laggers in schools and hospitals where he was required to mix and strip asbestos from pipes and boiler work with his bare hands in tight confined spaces. His employer provided no protective equipment. In February 2011, Graham began to notice intense chest pains and shortness of breath and was submitted to hospital. He was diagnosed with mesothelioma and was no longer able to undertake basic care activities such as cooking, cleaning and gardening. The company Graham worked for was long dissolved and had no assets. Insurers could not be traced by the Association of British Insurers. Peter Williams was instructed. Field Fisher Waterhouse searched their databases

The company Graham

worked for was long

dissolved and had no

assets.

Peter is

extremely professional

and is obviously very

experienced at his job.

He is very friendly,

compassionate and

a truly nice fellow.

I wish we had met

under different

circumstances. I have

already recommended

his services to

Southend and Guy’s

hospital.

Graham had this to say about Peter:

and was able to find two cases in which we had been able to pursue the company in the 1990s and had recovered compensation. AGF were identified as the responsible insurers for the company in those cases. AGF had no documentary or witness record of insuring the company but we were able to refer them to evidence from a director of the company taken in the 1990s to confirm that they were responsible for the insurance. Despite initially defending the claim AGF finally agreed that they were responsible. Peter Williams successfully negotiated a global mesothelioma settlement of £210,000 in just over 12 months, allowing Graham to obtain the compensation he deserves.

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9

Cyclist wins 100% of claim three years

after life changing accident in Marble Arch

Cyclist Veronika Pete, a 31 year old marketing professional from central London, was left with life changing injuries after she was run over by a lorry crossing lanes to turn left on the Marble Arch gyratory on 7th December 2010. Jill Greenfield was instructed by Veronika to act for her. Acting on behalf of the defendant, insurance company RSA alleged that Veronika was partially responsible for the accident despite the driver being found guilty of careless driving as well as the vehicle not being fitted with adequate mirrors or safety equipment. Having initially suggested 20% liability to be accepted by Veronika, RSA gave in and acknowledged full liability just weeks before trial.

Veronika was cycling along her regular route to work, travelling around the Marble Arch gyratory and heading towards Oxford Street past the exit to Edgware Road. The driver of the heavy bullion vehicle, Mr John Taylor, stated that he had seen the cyclist but then lost sight of her. He assumed she had turned left, taking the exit to Edgware Road. In fact Veronika was at the front of the bullion vehicle below the cab’s line of sight. The vehicle was not fitted with mirrors designed to increase visibility that are now recommended for all new HGVs. The driver turned left across the lane, dragging Veronika under the lorry’s wheels.

I hope all that

I have been through

will help other victims

in similar situations

stay strong in the face

of legal pressure. But

I hope especially that

the insurance industry

will see this as a wake

up call and realise the

importance of being

fully accountable for

insuring fleets of ill

equipped vehicles.

Commenting on the development, Veronika Pete said:

Graham had this to say about Peter:

She was rushed to St Mary’s Hospital in Paddington where she received emergency life saving treatment. Her leg had to be amputated above the knee and her other leg was severely damaged. This was amongst many other soft tissue and orthopaedic injuries. She was transferred to Charing Cross Hospital where she spent several months undergoing multiple operations and recovering from the impact of the accident. Veronika now uses a wheelchair and is learning to walk using a prosthetic limb. She is receiving intensive rehabilitation and requires help from her partner, James, carers, family and friends. The road to recovery will be long and difficult.

Jill Greenfield has been pursuing Veronika’s claim for personal injury damages against RSA, the insurers of the vehicle.

RSA alleged that Veronika was partially responsible for the accident, claiming initially that she had failed to take proper care for her own safety. A criminal trial was held in the summer of 2012, in which the Defendant driver was found guilty of careless driving, fined £1,300 and given 5 penalty points on his licence. Surprisingly the argument continued with the Defence maintaining that

Veronika should accept to being partially at fault. RSA suggested that she should accept a 20% reduction in her damages claim to reflect this. Following lengthy civil litigation a trial date was set for May 2013. But just weeks before the trial the Defence finally agreed to judgement being entered which means that Veronika will recover her damages on a 100% basis.

(10)

Our client, Claire contacted Richard Earle, Senior Associate at Field Fisher Waterhouse after she was struck on the head and shoulder by a display sign that had fallen from above as she was walking down her local high street.

As a result of this accident, Claire developed labyrinthine concussion as well as vertigo, tinnitus, depression and distress in crowded or busy environments. Her injuries were severe enough for her to give up her job as a lecturer in London and move to France where she worked as a self employed nutritional expert, with a marked drop in salary.

Immediately after the accident the workman, who dropped or threw the sign intentionally, drove off with his work mate leaving Claire on the pavement badly injured and in a state of shock. With the help of her partner, Claire managed to get to A&E by ambulance.

Richard Earle overcame a number of difficulties with this claim. Initially the defendants alleged that Claire was in some way partly responsible for the

accident. Richard however managed to settle the claim on a global basis, without concessions as to contributory negligence and without prejudice as to liability.

The defendants also alleged that Claire had a pre-existing vulnerability to psychological injury partly due to a previous incident in her life. However Richard was able to rely on the ‘eggshell skull principle’, and secured compensation for the full extent of her injuries without any concession for pre-existing vulnerability.

Three weeks before the trial Richard, with the helpful support of Counsel Dennis Matthews of Crown Office Chambers, successfully managed to negotiate settlement of £100,000+ costs. Claire was very pleased with this settlement as the lump sum would help her towards her loss of earnings that she will experience in the future.

Jennifer Bradley recovers damages for a Claimant

who was dragged into and became trapped in a

compactor machine at work

Jennifer Bradley secured a

settlement for Jack, a factory worker who was seriously injured at the Mineral Refinery where he worked. During one of Jack’s night shift, he was dragged into and became trapped in a compactor machine suffering multiple injuries. This included a dislocated right shoulder, multiple bilateral rib fractures resulting in a left pneumothorax, laceration to the liver; and facial injuries.

Jack was initially treated in intensive care where a chest drain was inserted and a tracheostomy performed. He remained in intensive care for two weeks undergoing multiple operations. Unfortunately the injury has since prevented Jack carrying out heavy lifting and he could not continue his previous job at the refinery.

Our client at the outset instructed previous solicitors but was not happy with the advice being given

and consequently instructed

Jennifer Bradley to continue with his claim. Naturally, there were various arguments over contributory negligence. However, after lengthy investigations and negotiations, Jennifer obtained a considerable offer which Jack was happy to accept.

Richard Earle secures £100,000 for girl

sustaining personal injury

Claire was struck on the

head and shoulder by a

display sign at her local

highstreet.

Jack was dragged and trapped in a compactor machine suffering multiple injuries.

Richard did a

tremendous job working

extremely hard as well

as providing constant

reassurance, regular

updates and positive

advice. This gave me the

confidence to proceed with

the case. I am delighted

with the outcome and the

compensation recovered

which will provide security

for my future as well as

allowing me to get on with

my life.

Claire commented after the case:

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11

Mark Bowman was instructed by Martin following a motorcycle accident. Martin was initially referred to a panel solicitors through his motorcycle insurance policy but came to Field Fisher Waterhouse in March 2012.

On 10 May 2009 Martin was riding his motorcycle along the A41 Bicester Road. He was proceeding a safe distance behind a BMW car. On the other side of the road, a Mercedes car was being driven by the Defendant. The Defendant driver fell asleep behind the wheel of his car and veered across the road, colliding with the BMW motor car that was in front of Martin. As a result of this impact, the BMW was shunted backwards. Martin was unable to avoid this collision and as a result he suffered devastating injuries. Martin was subject to above the knee amputation to his right leg, hypoxic brain injury following respiratory arrest on the side of the road, severe injury to his left knee (which subsequently required a total knee replacement), facial fractures, weakness to the left hand, burning hypersensitivity to the left arm, Peyronie’s disease and urinary complications.

In spite of the circumstances of the collision, the Defendants refused to admit liability. They alleged that Martin was riding too close to the BMW vehicle and that he was not just partially, but totally, to blame

for his injuries. At the time Mark Bowman were instructed Martin had received interim payments totalling £255,000 in the best part of three years. He was living in rented accommodation and was about to be forced to move as his landlord would not extend his tenancy. He did not have sufficient money to purchase suitable accommodation. Notwithstanding the Defendants’ stance, we were able to obtain an interim payment of £540,000 within 3 months of being instructed so that Martin could purchase suitable accommodation in which to live. Following a settlement meeting in January 2013 during which the Defendant legal team finally admitted full liability, Martin was awarded a seven figure sum in compensation, including £50,000 per year for the rest of his life to cover the cost of requiring professional care at home. Martin’s compensation means that he will be able to afford state of the art prostheses in the form of c-legs and water activity limbs. He will have sufficient funds to provide him with the private care regime that he needs and so that his loving wife can return to work.

Seven figure compensation secured after

catastrophic motorcycle accident

We obtained an interim

payment of £540,000

within 3 months of

being instructed.

Mark we really just

want to say how brilliant you

and Field Fisher Waterhouse

were in handling the case for

us. We only moved to you

guys less than a year before

the case settled. I don’t

think the previous solicitors

that our insurers appointed

would have pushed quite as

hard as you did to get us the

settlement you achieved.

They would certainly

not have got the interim

payments that you did, so

we might have been forced

to stay in another rented

property somewhere with

everything else going on

still hanging over our heads.

Thanks to you we were able

to purchase a bungalow

during the case, and it has

made a huge difference to

us. You, and Marise put up

with us so well. You were

very patient with us and

always explained things

well and kept us up to date

with what was going on. We

were never out of the loop.

We would, and have already,

recommend you to friends

and family if they ever need

any legal help.

(12)

the meantime he intended to invest heavily in new machinery to improve profitability and to access new markets.

Sadly Mr Searle was diagnosed as suffering from mesothelioma in August 2010; that is when he instructed Andrew Morgan to make a claim. Andrew confirmed that BRB (Residuary) Limited was the successor to Great Western Railways (GWR) and to British Rail (BR) and he made a claim. He obtained an early admission of liability and an interim payment for Mr Searle of £50,000.

Mr Searle’s greatest financial loss was the loss of income from his business in the future, and from the loss of capital from its sale when he intended, eventually, to retire. Andrew Morgan therefore instructed a forensic accountant to prepare a report and obtained statements from a number of Mr Searle’s commercial clients as to the quality of his work and as to their likely need for the services of Cutlass Mechanical Engineering in the future. Mr Searle identified a need for a significant capital investment to purchase a new water jet to help build the business so Andrew applied successfully for a further interim payment of damages of £75,000, making total interim payments of £125,000.

Mr Searle was keen to attend Court in person to give his evidence and the case was listed for trial in London for 16 July 2012. Andrew instructed Matthias

Kelly QC to represent Mr Searle at trial. Just a few days before the trial Andrew was able to negotiate a settlement totaling £400,000 which Mr Searle was happy to accept.

Obtaining the interim payments and then settling the case in July allowed Mr Searle to move his business to more up to date and convenient premises so that he could install the new water jet, the future engine of his business, in August 2012.

Andrew Morgan secures £400,000 for

mesothelioma sufferer

William Searle was born in 1945 and left school in the early 1960s. He was exposed to asbestos whilst working for great Western Railways shortly after. Sadly, in August 2010 he was diagnosed with mesothelioma; 50 years after his exposure. Mr Searle contacted Andrew Morgan, partner and mesothelioma claims expert at Field Fisher Waterhouse, to pursue a claim on his behalf. Andrew was able to secure £400,000 a few days before the case was set for trial.

In his early years Mr Searle had a variety of jobs which involved manual labour including a spell working as an engine cleaner for Great Western Railways (GWR) at their depot in Truro, Cornwall. Laggers employed by GWR would undertake running repairs on the asbestos lagging that insulated the steam engine boilers. Any areas of lagging that had been compromised would be hacked off and replaced by the laggers. This created substantial asbestos debris beneath the engines. It was Mr Searle’s job to clean up the asbestos debris that the laggers generated. He also worked close by the laggers when they were preparing and applying lagging and in this way he was exposed to substantial quantities of asbestos dust.

Redundancies were announced with the introduction of the Beeching cuts and so Mr Searle left GWR and eventually entered into engineering. He started his own business, Cutlass Mechanical Engineering, in 2006. He obtained substantial contracts working on railway and other infrastructure projects in Devon and Cornwall. It was his plan to move into high quality engineering work for specialist markets. He had intended to work full time to age 70 and to derive some income from the business after retirement. In

Mr Searle was

diagnosed with

mesothelioma 50 years

after his exposure.

Field Fisher Waterhouse were excellent to work

with. Andrew handled my mesothelioma claim in an

efficient and professional manner. I really couldn’t have

asked for any more, the service was excellent. I have

already recommended Andrew to others.

(13)

13

Probono Success – Victims of Terrorism

Scheme introduced November 2012

Since 2005, Jill Greenfield has campaigned with other lawyers including Lord Brennan QC, Gordon Nardell QC and Yasmin Waljee OBE, along side victims of terrorist atrocities, for the introduction of a scheme to provide financial support for British victims of terrorism abroad.

A victim of terrorist atrocity in the UK would receive financial support through the Criminal Injuries Compensation Scheme. However, a British subject abroad would not. Such incidents include Sharm-el-Sheik, Mumbai and Kusadasi. The campaign involved cross

jurisdictional analysis and contact with

lawyers around the world in order to demonstrate the unfairness of the position for British citizens. The victims themselves were often suffering dreadful injuries including paralysis, head injury and long term psychiatric issues. Working with a Government team headed by Tessa Jowell the group sought to persuade the British Government that the disparity was unwarranted and out to be addressed. A Private Members Bill was raised in the House of Lords by Lord Brennan QC and received cross party support.

Following that campaign, the Labour Government introduced legislation, 6 April 2010, which confirmed the then Government’s commitment to the introductions of such a Scheme. However, there were grave concerns upon the change of Government and the austerity measures taking place that

this proposal would not be followed through. There were many delays and disappointments for the families but the campaign continued.

The Scheme was introduced in

November 2012 following a hard fought 7 year campaign. The scheme works within the Criminal Injuries Compensation Scheme and gives parity of treatment to victims of Terrorism in the UK and abroad. It is rare that a new financial scheme of this nature is introduced. What is even more remarkable is that this was not a huge public campaign backed by big organisations, it was a relatively modest but targeted campaign that sought proper justice for British Citizens. This campaign will have long term impact for victims with a potential value of many millions

Bill Ross was 33 years of age, when he was struck and knocked down by a motorcar whilst he was on his way to work. Bill was attempting to cross the road at traffic lights as he was walking to the station. The lights were green in his favour but the driver jumped the lights colliding with Bill and knocking him to the ground.

As a result Bill suffered serious injuries including fractures to the orbital sockets of his right eye, right cheek and nose as well as a head injury. He subsequently underwent surgery by way of nose straightening but made a remarkable recovery returning to his job as a head-hunter within three weeks. The injuries led to permanent facial scarring leading to loss of self esteem and depression.

There were difficulties in tracing the driver who had changed his address and similarly, difficulties in locating his insurers who initially denied all

knowledge but subsequently accepted that the driver was validly insured. The driver underwent a safety driver’s course in lieu of prosecution which is akin to a conviction for careless driving but it was anticipated that his insurers might raise issues of contributory negligence.

Our personal injury expert, Richard Earle sought medical reports from a craniofacial/plastic reconstruction surgeon as well as a psychologist. Pending receipt of those reports suggests the drivers insurers made a Part 36 Offer of £25,000 (this can have adverse costs consequences to a client if they fail to “beat the offer” by securing a higher award of damages at

trial) which could have put Bill at risk on costs had there been a finding of contributory negligence.

The medical reports were received and disclosed along with a counter Part 36 Offer (this can similarly have adverse costs consequences to the insurers along with the risk of higher damages/ interest payable) of £42,500 (net of CRU) which was accepted by the insurers and the case settled on that basis together with payment of Bill’s legal costs.

Richard Earle obtains compensation for client with

serious injuries following a road traffic accident

Jill Greenfield has been

campaigning for the

introduction of this

scheme since 2005.

The lights were green in his favour but the driver jumped the lights colliding with Bill and knocking him to the ground.

I was grateful for Richard’s

diligence, attention to detail and

strategic acumen with which he

handled all aspects of my case. I

felt I was in safe hands from the

moment I stepped into the office to

the day I received the settlement.

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“

With a reputation

for efficiency, the team

put through an impressive

volume of cases, and push

them relentlessly forward.

Chambers UK

Action for kids

www.actionforkids.org

Works with children and young people with physical and learning disabilities

Advisory Centre for Education

www.ace-ed.org.uk

Advice for parents/carers or children in state-funded schools who are experiencing difficulties

Brainwave

www.brainwave.org.uk

Delivers home-based therapies and exercises to support disabled children

Brain Injury Rehabilitation and Development (BIRD)

www.b-i-r-d.org.uk

Brake - the road safety charity

Tel: 01484 559909 Helpline: 0845 603 8570 Email: helpline@brake.org.uk Website: www.brake.org.uk

British Association for Early Childhood Education

www.early-education.org.uk

Support, advice and information for those concerned with the education and care of young children

Centre for Studies on Inclusive Education (CSIE)

www.csie.org.uk

Supports inclusive education as a human right of every child

Child Brain Injury Trust

www.childbraininjurytrust.org.uk

Disability Law Service

www.dls.org.uk

Headway - the brain injury association

www.headway.org.uk

Headway North London

www.headwaynorthlondon.org

National Association for Special Educational Needs (NASEN)

www.nasen.org.uk

Promotes the education, training and advancement of all those with special needs

National Institute of Conductive Education

www.conductive-education.org.uk

Conductive Education to improve the lives of those with neurological disorders

Scope

www.scope.org.uk/education

Scope offers disabled people education and learning opportunities

Silver Lining Charity

www.thesilverlining.org.uk

The Silverlining offers unique hope by helping clients with brain injury rebuild their lives

Special Needs Kids

www.special-needs-kids.co.uk

Special Needs Family Fun

www.family-friendly-fun.com

Support for the family with special needs

Spinal Injuries Association

www.spinal.co.uk

The Spinal Injuries Association is the leading national charity for spinal cord injured people

The March Foundation

www.marchfoundation.co.uk

Supports children with special educational needs to reach their full potential

The United Kingdom of Acquired Brain Injury Forum

www.ukabif.org.uk

Whizz-Kidz

www.whizz-kidz.org.uk

Mobility equipment, opportunities to meet and training for disabled children

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Richard Earle

Senior Associate richard.earle@ffw.com 020 7861 4041

Richard specialises in serious injury claims and is a member of Action against Medical Accidents (AvMA) and the Law Society’s Clinical Negligence (and Personal Injury) Panels.

15

Meet the team

Andrew Morgan

Partner

andrew.morgan@ffw.com 020 7861 4036

Andrew has specialised in cases involving industrial diseases, including asbestos diseases, since 1993. He is a past Coordinator of the Occupational Health Group of the Association of Personal Injury Lawyers (APIL) and is an APIL Fellow. He advises the Parliamentary Sub-Committee on Asbestos. Andrew has expertise in accident at work cases and professional negligence claims.

Mark Bowman

Partner

mark.bowman@ffw.com 020 7861 4043

Mark pursues serious injury cases on behalf of victims of accidents and medical negligence. A member of the Law Society Clinical Negligence Panel, Mark is also a senior litigator at the Association of Personal Injury Lawyers (APIL). Mark has a particular interest in cases involving cyclists.

Caroline Pinfold Partner

caroline.pinfold@ffw.com 020 7861 4022

Caroline has specialised in asbestos disease claims for over 25 years. She is a Trustee of the East London Mesothelioma Support Group ( ELMS). She is a member of Association of Personal Injury Lawyers and a Fellow of the Royal Society of Medicine. Chambers, a leading legal directory states she is “incredibly hard working, has an eye for detail and fights very hard for her clients”.

Dushal Mehta

Associate dushal.mehta@ffw.com 020 7861 4033

Dushal has specialised in asbestos disease cases, and particularly mesothelioma claims, for a number of years. He joined the firm in 2009 and is a member of the Association of Personal Injury Lawyers. He regularly concludes successful claims for clients within a number of months.

Jennifer Bradley

Solicitor

jennifer.bradley@ffw.com 020 7861 4530

Jenny qualified into our personal injury and medical negligence department having trained at the firm. Jenny has a varied caseload and also assists Jill Greenfield with complex and high value cases. Jenny is a keen cyclist both on the road and track and, as such, has a keen interest in cycling claims and campaigning to make London’s roads a safer place.

Paul McNeil

Partner paul.mcneil@ffw.com 020 7861 4019

Paul heads the personal injury and medical negligence department and has specialised in serious injury claims for over 25 years. Paul has acted on behalf of victims involved in the Clapham, South Hall, Ladbroke Grove and Potters Bar rail accidents.

Peter Williams

Partner

peter.williams@ffw.com 020 7861 4825

Peter has specialised in asbestos cases, accident at work and road traffic accident claims for nearly 20 years. He gives annual talks to solicitors on asbestos claims for Central Law Training. He is a member of the Law Society Personal Injury Panel.

Jill Greenfield

Partner

jill.greenfield@ffw.com 020 7861 4557

Jill has 20 years’ experience acting for claimants and is head of our brain injury and spinal injury unit. Jill is recognised by Headway (the brain injury association), SIA (Spinal Injuries Association) and various legal directories as a leading lawyer and specialist in dealing with such claims. Jill heads up the Catastrophic Injury Team within the department and is a member of the Association of Personal Injury Lawyers (APIL).

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www.ffw.com/personalinjury

35 Vine Street, London, EC3N 2PX

Ibex House, The Minories, London, EC3N 1HP

Postal address: PO Box 732, London, EC3N 2AA Email: personalinjury@ffw.com

Freephone 0800 358 3848

Caring f

or our clients

Commitment t

o our cases

Cutting edg

e e

xper

tise