Nick successfully defended an employers’ liability claim in which the Claimant brought a personal injury claim against his employer following an accident where he allegedly slipped leaving his workplace by way of a small flight of steps.
The Claimant's case was that the stairs had a defective surface and also that there had been inadequate clearing of snow and ice.
There was a significant dispute on a number of factual issues which the Court found in favour of the Defendant. Following the dismissal of the claim the Claimant sought to argue that qualified one way costs shifting applied in circumstances where the Claimant had instructed former solicitors under a conditional fee agreement with an uplift but his current solicitors had an agreement without an uplift.
The Court again accepted the Defendant's submissions that there was a CFA in place with an uplift which created an exception from the qualified one way costs shifting rules and the order for costs was therefore enforceable.
James Howlett successfully appeared for a land owner resisting a highway authority’s attempt to prove that a public footpath crossed its industrial land. The case was unusual because the planning inspector accepted that although the public had used the footpath for the necessary twenty years, the use was by permission and not as of right because of the terms of a contract made between the land owner and the highway authority’s predecessor as long ago as 1915.