Case Studies

Social Networkers Beware!

Matthew Bell, a Solicitor in the personal injury team at Mohindra Maini LLP, discusses the importance of detailed examination of all evidence, along with innovation in the methods of investigation, following a recent case at Uxbridge County Court.

The matter arose following a road traffic accident in which a double-decker bus, which was in the process of pulling into a bus stop, collided with my client’s parked taxi. Although liability was admitted, it was argued by the Defendant bus company that our client was not in his vehicle at the time of the collision, something that my client vehemently denied.

Various pieces of evidence were produced by the Defendant’s representatives including witness evidence of the bus driver and an independent witness, along with an expert report from an accident investigation specialist. From the face of it, a lay person would have read these documents and would immediately have taken the view that I had a weak case. Indeed many other solicitors may have dropped the case at this stage, but through detailed analysis of the same, it was clear that not everything was as it seemed.

The accident investigation report purportedly showed all available sight lines of the bus driver, and therefore suggested that the bus driver would have had a clear view of my client’s vehicle throughout his manoeuvre. From close scrutiny however it was clear that this was not the case. Not only did I question why the collision happened in the first place had it been the case that the bus driver had such a clear view of the client’s vehicle, it was also apparent that the sight lines mentioned in the report were completely different to those described by the bus driver himself.

I then proceeded in picking apart the witness evidence, namely that of the bus driver, and that of an independent witness. What was immediately apparent was the vastly differing accounts of the accident put forward. Indeed, among other things, the bus driver and independent witness described the accident as happening on opposite sides of the road! As a result, the Defendant’s representatives swiftly sought to exclude this evidence from the Trial Judge. I on the other hand fought to include the same, knowing that these vast differences could not be explained, and would seriously damage the Defendant’s case.

So, through my investigations the Defendants went from having three seemingly strong pieces of evidence, to relying solely upon the witness testimony of the bus driver, whilst at the same time arguing that their own independent evidence should be excluded!

Now to the innovation. With the huge influx of social networking it seems that people almost feel as if their posts/tweets/blogs etc are irrelevant and safe from prying eyes. Unfortunately for the bus driver, he was one such person. Through 18 months of close monitoring, I put together a large dossier of evidence to be used to counter any strength attached to the bus driver’s testimony. Although I obviously cannot go into detail, let’s just say that the bus driver failed to inform the Court in his witness statement his love of driving his bus to the limit, the fact he is known to eat whilst driving the same, and his clear hatred for taxi drivers, and now presumably for me. I will let you decide who you think was successful.

Sweet smell of success!

Have you ever been in a department store and been offered a free sample of the latest perfume?

Of course, we all have. However, one unfortunate client got a rather larger than expected free sample when she slipped in a spillage in a large department store. In addition to being liberally coated in the latest designer perfume she also suffered a broken arm. Having happened in the run up to Christmas, our client was greatly inconvenienced through not being able to enjoy the Festivities and was in considerable pain. She sought our advice and later recovered £5,000 to compensate her. She obviously came up smelling of roses!!!

Case dealt with by Michael Ashcroft, Senior Paralegal with over 20 years experience at Mohindra Maini LLP

When does P + P = P?

(answer at the bottom)

Whilst we think our staff are multi talented, please do not panic, we have not branched out into scientific research- not yet anyway.

Recent case studies show that Patience + Perseverance = Pounds.

One unfortunate client suffered serious head injuries in a road traffic accident which needed careful investigation. Eventually after careful negotiation his case was settled for a substantial sum of money- in fact more than £30,000 above what his Barrister recommended.

At the other end of the scale another client was at work and stumbled on a loose carpet. He turned his ankle over- something that we have all done and not given a second thought to. However, this client sought our advice and after careful medical examination his injury turned out to be more serious than at first thought. Again careful negotiation prompted a settlement almost 50% higher than the first offer.

The moral of the story- he who laughs last, laughs loudest!

(answer- when you instruct us)

Case dealt with by Michael Ashcroft, Senior Paralegal with over 20 years experience at Mohindra Maini LLP