Feedback 2004

Set out below is a small selection of some of the feedback received during 2004.


Niki Khela was on an international flight to the Caribbean with a large British airline. Accompanying her was her very young daughter.

On the way to their destination, the flight attendant delivered lunch, but this was so scaldingly hot that her daughter suffered a burn.

A great deal of distress was caused, and the holiday was partially ruined.

Afterwards the client complained to the airline, but their attitude was so arrogant and dismissive that she decided to seek legal advice.

We therefore made a claim against the airline, and after some acrimonious early correspondence settlement terms were finally agreed.

As the injured person was under the age of majority, proceedings were issued in Birmingham County Court, so as to attend an approval hearing before a District Judge.


Kathleen Merryman was walking along the pavement near her home one morning, in the West Heath area of Birmingham.

The pavement was in very poor condition. As a result she tripped and suffered a serious ankle injury.

The local council placed the matter in the hands of their loss adjusters. The latter grudgingly admitted primary fault, but nevertheless they tried to blame the client in part, for failing to look where she was going.

Medical evidence and a calculation of financial losses was served on the defendants, and after protracted negotiations settlement was finally achieved.

The noteworthy thing I remember about this case, is that if the council and its loss adjusters had acted more co-operatively from the start, significant legal costs would have been saved.


Violet Adey was attending a large hospital in Sutton Coldfield.

She was elderly and had mobility problems. For this reason a wheelchair was fetched. Unfortunately the wheelchair was defective, because the footrests had sharp edges, and these caused lacerations to her shins.

Although the solicitor owes a professional duty to the client, nevertheless one never feels completely comfortable in making a legal claim against a hospital. Inevitably precious resources are taken up in legal fees, when the money could be put to far better use.

Secondly, over the years many clients have reported that if an early apology had been forthcoming, then they would have taken matters no further. I have heard this time and again.

In this case instead of a frank apology at the outset, there was the usual attempt to avoid responsibility. Matters were eventually resolved in correspondence, and fair compensation was obtained for the injuries.



 

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