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News | Mon 13th Aug, 2018
Giles Mooney has successfully settled the case of Smith v Tesco at a Joint Settlement Meeting. The case which has been running for over four years concerned a Claimant who was injured at work whilst driving a shunter vehicle. He drove the vehicle over a sunken hydrant cover causing his seat to bottom out. The jarring to his back caused a disc to prolapse leading to cauda equina syndrome.
A preliminary trial on liability in 2016 before David Pittaway QC sitting as a Deputy High Court Judge, concluded in the Claimant’s favour after Giles was able to fatally undermine the Defendant’s medical expert in the course of cross examination.
The case then proceeded to quantum with expert evidence dealing with the Claimant’s complex medical, care, housing and transport needs obtained by both sides. The Claimant had been rendered disabled and he was reliant on a walking stick and mobility scooter to mobilise and had substantial care needs. He had not returned to work and had little prospect of doing so.
The Claimant contended for the full difference in value between his current home and the required premises on the basis that both the life time rental and the 25 year interest only mortgage for the short fall exceeded the difference in value between the premises. Whilst various arguments were rehearsed in the Schedule and Counter Schedule the case was eventually settled on a global basis. The Defendant, represented by Ben Browne QC and William Wraight, offered £2.25 million which was accepted by the Claimant.
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