Particulars Of Claim Negligence Notes

IN THE COUNTY COURT

Claim No

BETWEEN

MR HEATH THOMPSON

Claimant

and

THE FURNITURE COMPANY LIMITED

Defendant

__________________________________

PARTICULARS OF CLAIM

__________________________________

1. At all material times the Defendant was a firm of solicitors practising from 21 Windsor Street, London W15 5DV.

2. On or about 6 August 2012, the Claimant was injured in an accident at his place of work, Furniture Co Limited, while unloading furniture packs from a conveyor belt. A co-worker placed a pack onto the conveyor belt prematurely and it fell onto the Claimant's right leg, the impact of which caused him to fall to the ground.

3. The Claimant's injuries were caused by the negligence of Furniture Co Limited, who were at all material times the employer of the Claimant, by themselves, their employees or agents.

PARTICULARS OF NEGLIGENCE

The particulars of negligence are set out at paragraph 3 of the Particulars of Claim dated 26 November 2015, Claim No BYJ45567

4. As a result of the accident, the Claimant suffered pain, injury, loss and damage.

PARTICULARS OF INJURY

The Claimant was born on _________.

The particulars of injury are set out at paragraph 4 of the Particulars of Claim dated 26 November 2015, Claim No BYJ45567.

Further particulars of the Claimant's medical condition are contained in a report of Mr. Tom Clancey dated 26 May 2015 and attached to these Particulars of Claim.

PARTICULARS OF SPECIAL DAMAGE

A schedule of details of past and future expenses and losses is attached together with details of interest claimed.

5. On 5 December 2014, the Claimant consulted Mr. Tom Bryant, a partner in the Defendant firm at their office at 21 Windsor Street, London W15 5DV and instructed him as agent for the Defendant to act for him in connection with his claim for personal injury against Furniture Co Limited. Mr. Bryant agreed to act for the Claimant on the Defendant's behalf.

6. It was an implied term of the Defendant's retainer with the Claimant that the Defendant would, at all material times, exercise reasonable care, skill and diligence while acting as the Claimant's solicitors.

7. Further and in the alternative, the Defendant owed a duty of care in tort to the Claimant at all material times.

8. Pursuant to the terms of its retainer, the Defendant commenced action against Furniture Co Limited on 30 July 2015 (the first action) by the issue of a Claim Form in the County Court, Claim number BYJ45567.

9. The Particulars of Claim were not served on Furniture Co Limited until 26 November 2015 under the compulsion of an 'Unless' Order made by the Court on 20 November 2015.

10. Prior to the issue of proceedings, the Defendant failed to engage in an appropriate course of negotiation with Furniture Co Limited. Further, they failed to comply with the time limit imposed under CPR 7.4 for the serving of the Particulars of Claim and made no response to Furniture Co Limited's request thereof.

11. Thereafter, the Defendant failed to comply with an order made under...

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