Beverley's Story
Beverley sustained injuries as a result of tripping over a raised paving stone on a public highway. She sustained a colles’s fracture to her right wrist, substantial bruising to her face and her front tooth was displaced.
The public highway in question was in a busy shopping area which was subject to regular inspections by the Council. A number of paving stones had become dislodged as a result of roots from a nearby tree. The Council had failed to inspect the highway in accordance with their own criteria and/or failed to identify the raised paving stones as a hazard and danger to the general public.
The Council denied liability for the accident throughout, on the basis that they had complied with inspections and that the paving stones were not a hazard. Under the terms of the ‘No Win No Fee’ Agreement Advice had to be obtained from a barrister before Court proceedings could be issued. An opinion was obtained from a barrister who felt that prospects of success were less than 50% and the claim should be discontinued. However, Beverley’s solicitor did not agree with this Advice and obtained a second opinion from another barrister. The second opinion was supportive and Court proceedings were therefore issued and served on the Council.
After negotiations between the parties settlement was achieved and Beverley received £5,000.
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