JWK Solicitors Case Studies

Personal Injury

Ian Gee of JWK Solicitors acted for a warehouse worker who had sustained a serious brain injury as a result of an assault by a fellow employee at warehouse premises. The claim was made against the employer of both our Client and the man who perpetrated the assault, on the basis that the employer was "vicariously responsible" for the assault.  The law on this area has undergone considerable changes over the last few years and we took the view that our Client had a good case.

The employer's insurers argued that the claim was wholly without merit and vigorously defended.  After a three day trial on liability, the Judge found that the employer was indeed responsible for the assault and the claim succeeded.

Also, the Judge ordered that our Client will be entitled to an additional award, calculated as to an extra 10% up to £500,000 and a further 5% between £500,000 and £1 million.  This was because, before the trial, an offer was made that our Client would agree a 10% reduction on his damages, which the employer’s insurers refused to accept.  In the event, the Judge made no reduction and, because our Client did better than his offer, the insurers will have to pay extra damages.

A substantial "interim payment" on account of damages was ordered.

A meeting took place to try and reach settlement on the value of damages, but it was not possible to reach terms. One week before a four day trial on the value of the claim, terms were concluded at a figure approaching three times the amount of the employer's insurer's first offer.

Aviation

Ian Gee of JWK Solicitors acted in connection with a claim following an incident of the in-flight loss of a jet engine cover.  A Legal Expenses Insurance Policy was taken out, liability was denied, an expert was appointed, proceedings were prepared primarily for the reduction in value of the aircraft by reason of the damage, and a meeting was held with the other side but failed to reach terms.  Ultimately a settlement was achieved.

When Ian Gee delivered a lecture on Air Law to the Lancaster University Course of MSc. in Engineering Safety, Aerospace Module, he used the facts of this case as the practical basis for a mock trial.  The students were divided into 2 teams with an “Advocate” and an “Expert” being appointed for each.  This then developed into course work.  It was gratifying that one student felt strongly enough to present a conclusion which was actually at odds with his own team!  The students were invited to mark Ian Gee’s presentation out of a maximum of 5, when one gave 6!

Ian Gee has twice delivered the lecture and organised a mock trial.

You can read Aviation Law articles by clicking on the link below:

Aviation Law Articles

Interest Rate Swap Agreements

Ian Gee of JWK Solicitors acted for Jonathan Denby who was awarded £253,000 in damages against Yorkshire Bank after being mis-sold a Hedging Agreement.

Jonathan wrote about the case on his blog and states 'I owe a lot to Ian Gee's faith, tenacity and cleverness'.

This is believed to be the only successful decided case on the subject.

You can read the blog post by clicking on the link below:

http://www.slow-life.co.uk/the-muppets-fight-back/

You can read an article published in the Lancaster District Chamber of Commerce magazine 'Business Matters', for September - October 2012.  We have added it to our site, here: https://www.jwksolicitors.co.uk/solicitors-for-business/dispute-resolution/interest-rate-swap-agreements/

Jonathan owns and runs a chain of hotels and  was featured in the “EXEC FILE” of The Westmorland Gazette on 4 July 2013. For his Favourite Business Memory, he gave this case.

Funding for Court Cases / Dispute Resolution

In the above case, Jonathan Denby was told by the Bank that they'd run up such enormous legal costs that it would finish him as a businessman.

So how was his case funded, involving a Mediation (which did not result in settlement) and a 3-day hearing?

The answer is that we entered into a 'No Win-No Pay' Agreement, backed by a Legal Expenses Insurance Policy.

Personal Injury, Examples of Cases

You can read examples of cases at https://www.jwksolicitors.co.uk/solicitors-for-you/personal-injury/examples-of-injury-claims/.

 


JWK can help you. Get in touch today

Do you have a question or would you simply like some more information? You can contact JWK Solicitors on 01524 598300 between 9am to 5pm every weekday or use our enquiry form.