Tech client receives damages of over half a million

I recently concluded High Court proceedings for a client who was formerly a top executive at a one of the world’s biggest internet companies.

Following injury in a road traffic accident in 2017 my client underwent major surgery to his leg. He had a top legal career before this, working at leading law firms. In recent years he had worked in-house at some of the world’s biggest telecommunications and web-based companies.

Lost Earnings

My client’s previous solicitors had not instructed rehabilitation providers; his return to work was rushed and his employer offered limited assistance. After little progress had been made with the claim, my client grew unhappy with his legal advisors and instructed Anthony Gold. I have considerable experience in handling cases taken over by other firms. Despite it being some years since his injury, I was able to secure interim payments on account of his damages to pay for the further treatment needed and reimburse to my client some of his considerable lost earnings.

It is possible to consider a claim under employment law should an individual be treated unfairly in their return to work following serious injury. In this instance my client had taken advice and left his employment for a new job, having entered into a compromise agreement, prior to my involvement. The question was, to what extent was he entitled to future loss of earnings on account of his injury.

I took advice which confirmed that my client’s claim was not prevented by the compromise agreement he has entered into. Following this it was necessary to understand my client’s remuneration package which was made up of income from his salary but also bonuses and share options based on company performance. I instructed a forensic accountancy expert to establish my client’s likely earnings but for his accident, which were considerable. It can be difficult to get the Court’s permission for such evidence on account of the cost, but it was secured on this occasion.

The difficulty is that the Court would not award my client’s lost earnings unless it could be established through evidence that absent the accident he would have stayed in his previous role, or a similar one. My client had already left and secured an insurance position earning considerably less money. It was therefore necessary to secure evidence from his former employer in support of the claim that he would have remained in their employment but for the accident.

Obtaining Evidence

I obtained my client’s personnel and occupational health files as part of my investigations. I also obtained witness statements from several of his former colleagues including those working alongside my client, in the most senior positions in the company at the time.

Some of the evidence was favourable to my client and some not, as it concerned his likely longevity in his role. That was, to some extent, expected, given that his employer was one of the world’s fastest growing companies with a high turnover of talent, as people tended to remain in their roles for a limited number of years before moving on.

Counsel had advised throughout. As part of my pre-trial strategy I considered it important to instruct Leading Counsel to advise on the likely outcome at Court. After the evidence was tested in conference it was acknowledged that the Court would likely consider the picture complex and could have decided the important issues either way.

As is usual in high value litigation claims the parties sought to discuss matters on a without prejudice basis before incurring the considerable costs of trial. Several of the insurers’ offers were refused until a compromise was reached which was to my client’s satisfaction. Aside from the issue of having to change jobs my client thankfully went on to make a reasonable recovery from his injuries with only minor issues ongoing.