Weightmans acted for the defendant local authority in connection with a claim pursued under the Highways Act 1980. The claimant was a cyclist who alleged she had fallen off her bike due to a pothole in the cycleway, sustaining a nasty fracture to her ankle. She subsequently alleged that she had developed Chronic Regional Pain Syndrome which could have led to a substantial award more than £300,000.
Investigations into liability and quantum were carried out. Liability was denied and the defendant proceed to obtain its own medical evidence. This raised suspicions about the mechanism of injury and the truthfulness of the claimant’s account of what happened. Counsel was engaged to consider all issues in the case.
This led to a low, commercial, offer being made which the claimant ultimately accepted. The outcome of the case was very positive for the Defendant as it disposed of a potentially very expensive claim for a low sum.