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I now have a little more faith
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AndrewS
Tarquin of the Desert 


Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10438

United Kingdom 
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.  
Post #20161377th Jan 2019 5:25 pm
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astonbuilder
 


Member Since: 29 Sep 2006
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England 2012 Discovery 4 3.0 SDV6 XS Auto Santorini BlackDiscovery 4

Thumbs Up good to hear
  
Post #20161387th Jan 2019 5:30 pm
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Hardware
 


Member Since: 28 Jun 2016
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United Kingdom 2011 Discovery 4 3.0 SDV6 XS Auto Sumatra BlackDiscovery 4

you should've lodged a counter-claim for stress, loss of earnings etc. Whistle
  
Post #20161397th Jan 2019 5:34 pm
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LT
 


Member Since: 31 Dec 2005
Location: South West
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United Kingdom 2016 Discovery 4 3.0 TDV6 Landmark LE Auto Santorini BlackDiscovery 4

Very satisfying. being obviously stitched up is always a Censored boiler. Thumbs Up
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Post #20161427th Jan 2019 5:50 pm
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DSL
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Member Since: 11 May 2006
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Bow down Bow down for fighting it and Bow down Bow down for winning. Thumbs Up
   
Post #20161457th Jan 2019 5:53 pm
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ianm27
 


Member Since: 02 Jun 2016
Location: Hertfordshire
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England 2012 Discovery 4 3.0 SDV6 GS Auto Orkney GreyDiscovery 4

Bow down Bow down 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 solicitors
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Post #20161527th Jan 2019 6:06 pm
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rrhool
 


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Good, I like positive results like this. Thumbs Up
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Post #20161597th Jan 2019 6:35 pm
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GLYNNE
 


Member Since: 06 Oct 2006
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So who foots the bill ?
  
Post #20161607th Jan 2019 6:37 pm
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AndrewS
Tarquin of the Desert 


Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10438

United Kingdom 

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.  
Post #20162137th Jan 2019 8:42 pm
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Gareth
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Member Since: 07 Dec 2004
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Well done Andrew. Shame you had to fork out to defend yourself. What chance you get that back? Not a lot I would think.
  
Post #20162157th Jan 2019 8:50 pm
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leeds
 


Member Since: 30 Aug 2010
Location: West Yorkshire
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United Kingdom 2016 Discovery 4 3.0 TDV6 Landmark LE Auto Yulong WhiteDiscovery 4

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
  
Post #20162167th Jan 2019 8:51 pm
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AndrewS
Tarquin of the Desert 


Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10438

United Kingdom 

That was the tip of the iceberg Brendan, and way above the HMRC £0.45 allowed rate. Evil or Very Mad
 In the Beginning there was nothing, which exploded.  
Post #20162237th Jan 2019 9:06 pm
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DG
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Thumbs Up Nice one chap Smile

Did he fix the van? Whistle
  
Post #20162327th Jan 2019 9:33 pm
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leeds
 


Member Since: 30 Aug 2010
Location: West Yorkshire
Posts: 4311

United Kingdom 2016 Discovery 4 3.0 TDV6 Landmark LE Auto Yulong WhiteDiscovery 4

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. Thumbs Up




Brendan
  
Post #20162337th Jan 2019 9:33 pm
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maxbasscat
 


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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.
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Post #20162487th Jan 2019 10:17 pm
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