Access to funding ensures access to justice
Mr G. was in the loft of his sons' new-build Taylor Wimpey house when he was injured in an accident.
He is a semi-retired electrician and was in the loft connecting the TV aerial for his son.
The client's son had asked Taylor Wimpey to do this but was told it was up to him to arrange this himself.
As the client was making his way back through the loft he stood on a support beam at the edge of the loft access hatch. It gave way and the client fell through the loft floor and onto the landing below.
The support beam had not been secured in place by the builders.
Mr G. sustained soft-tissue injuries to his back.
Mr G came to Digby Brown's personal injury solicitors in Edinburgh for help making a personal injury claim against Taylor Wimpey.
Taylor Wimpey denied liability throughout the case and a court action was raised against them
They first attempted to hide behind their corporate web of companies and argue we had pursued the wrong company. Digby Brown successfully pressured them into accepting that they could not adopt this approach and that they had to deal with this case.
They then attempted to argue that the client should not have been in the loft at all - until Digby Brown reminded them that they had both refused to do this job themselves and had advised our client's son that he must arrange for someone to access the loft to connect the aerial.
Finally, they argued they were not under an obligation to secure this beam in place and the client, as a tradesman, should have known it was not secured in place because it was common practice in the building industry not to secure these beams.
The client refuted this suggestion that he should have known the beam was not secured in place.
Thanks to the no win no fee funding that was in place for the client, Digby Brown were able to obtain an expert report from an architect and cite him to attend the court hearing safe in the knowledge the client would never have to pay this expert’s bill. The architect confirmed that Mr G.'s stance was correct and that the beam should have been secured in place and that it was not common practice not to secure these beams in place.
As a result of the pressure Digby Brown's personal injury solicitors applied to Taylor Wimpey, they paid compensation of £2,750 to Mr G. just two weeks prior to the court hearing.