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James Arney KC, instructed by Lisa Fairclough at Irwin Mitchell (Sheffield), has settled a below-knee amputation claim after JSM for £4.05m.
Injury to the 34-year old claimant arose from an accident at work, when a section of machinery became detached from machinery and fell on the Claimant’s foot. Liability remained live in that contributory negligence was alleged by the Claimant’s employer. The Claimant’s case remained that fault lay entirely with his employer or the supplier of the machinery. Rather than bring the supplier into the litigation, the Claimant used s.1 of the Employer’s Liability (Defective Equipment) Act 1969 to extract an admission of primary liability.
As to quantum, the following matters were relevant to settlement: –
Settlement was ultimately reached at a level close to an age-adjusted equivalent of the award in Riley v Salford Royal NHS Foundation Trust  EWHC 2417 (KB).