Michael Elders was instructed for the Claimant who had been injured when a nurse, vaccinating a child being held by the Claimant, had accidentally caused a needlestick injury to the Claimant’s arm.
The Defendant had initially denied liability, alleging that the facts of the accident were not as reported by the Claimant and that the Claimant was seeking to dishonestly exaggerate her claim. After a video of the incident was disclosed, the Defendant accepted primary liability, however continued their allegations of fundamental dishonesty.
The first success was that the Claimant was found to have been honest and was awarded damages in excess of a Part 36 offer which meant that she was awarded an uplift on her damages and her solicitors were able to recover indemnity costs from the expiry of the offer.
The second success was in relation to a wasted costs application made by the Defendant at a previous hearing before Michael became involved in the case. The Claimant’s solicitors had been ordered to show cause as to why they should not pay the Defendant’s costs of an adjourned hearing. With witness statements from solicitors on both sides, Michael not only resisted the application, but was successful in recovering the Claimant’s costs of that adjourned hearing.
Many thanks to Leah Blair-Williams at Express Solicitors for the Instructions.
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