Steve Killalea KC wins Employers’ Liability case in Court of Appeal
Andrew Carr (A Protected Party) v Brands & Another
In an unusual contested permission to appeal hearing in the Court of Appeal Steve Killalea KC succeeded in resisting the Defendants’ application for permission to appeal. Lady Justice Whipple refused the Defendants’ permission to appeal against the Judgment for the Claimant of Mr Justice Julian Knowles in the High Court. The hearing finally ends a lengthy battle on employers’ liability in an accident at work in which the Claimant, the owner and director of the Defendant company, fell from the upper deck of a car transporter and suffered catastrophic brain injuries. Steve had resisted an earlier strike out application and succeeded in a three day liability trial in which the Court gave judgment for the Claimant. Having made a Part 36 offer the year before trial the Court also awarded indemnity costs from the date of the Part 36 offer, additional interest on costs at 7.5% above base rate, an uplift on damages, and additional interest on damages at a rate of 7.5% above base rate.
Steve Killalea KC was instructed by Stephen Nye of Irwin Mitchell, Birmingham.
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