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30/04/2023
Lionel (instructed by Tony McLoughlin at Horwich Farrelly) represented the Defendant in a High Court fatal accident case pleaded at £3.65 million. The parties were able to reach agreement at a JSM in the net sum of £1.63 million, including a 20% deduction for contributory negligence. The liability apportionment having previously been agreed, the main outstanding areas of dispute related to the claims for loss of financial dependency (assessment of the Deceased’s and the Claimant’s pre-accident earning capacity); and service dependency (the level of childcare support that the Deceased would reasonably have provided). Expert employment, accountancy and care/loss of service reports were obtained on both sides and the settlement figure reflected a compromise position based on their competing analysis. The JSM took place after the joint statements had been obtained, allowing each party to make an accurate assessment of litigation risk.