Can voluntary redundancy form the basis of an unfair dismissal claim?
A recent Employment Appeal Tribunal case demonstrates some of the issues that may arise in a voluntary redundancy situation.Read more
The claimant, a leading professional, was knocked off his bicycle by the insured, suffering significant injury. Liability was admitted and the initial claim was valued at £80,000.
However, following the input of Leading Counsel and the appearance of a previously undisclosed Pain Report, the pleaded value of the claim “mushroomed”. An application was made to amend the statement of value to a sum in excess of £500,000 and an updated Schedule advanced a claim in excess of £2 million.
Working in conjunction with his clients, Philip Thompson, an associate solicitor in Flint Bishop’s Large Loss team, undertook a series of covert and social media enquiries and refused to be cowed by the inflated schedule. This approach produced evidence indicating that the claimant’s true level of activity was somewhat different from that depicted in the updated Schedule, including being able to compete in various events at a high level.
Eventually, in the face of the evidence collated by Flint Bishop and their clients, the claimant was compelled to settle his case.
The claim settled at £300,000, potentially saving our insurer client over £1.7m.
Phil Thompson comments on the case:
“This was a challenging case that was threatening to become a runaway horse. There was always a risk that given the claimant’s status, a Judge could have been persuaded to accept the claimant’s experts’ arguments. However, working closely with my client and following extensive, forensic enquiry, we were able to achieve an optimal outcome for that client.”
For more information about this case, or how our Insurance Litigation team defends insurers and self-insured organisations against large loss claims, please contact us on 01332 226 109 or complete the form below.
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