#15449 - Particulars Of Claim Negligence - BPC Drafting

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 CPR 31.12 which required each party to give specific disclosure on or before 15 December 2015, and further failed to comply with an order made under CPR ? which provided for witness statements of fact to be exchanged on or before 12 January 2016.

12. On 29 March 2016, the first action was struck out by District Judge Hatchard pursuant to CPR 3.4. The Defendant failed to inform the Claimant of the order until 10 May 2016 by which time the limitation period had elapsed on the cause of action and the claim was statute barred.

13. The matters stated above were caused by the Defendant's negligence and/or breach of the terms of their contract.

PARTICULARS

1. Failing to heed the terms of the Pre-Action Protocol for Personal Injury claims;

2. Failing to take adequate pre-action steps to settle the matter;

3. Failing to advise the Claimant on all relevant matters in his case;

4. Failing to keep the Claimant reasonably informed of the progress of his case;

5. Failing to keep the Claimant reasonably informed of costs;

6. Failing to contact witnesses or take witness statements after the Claimant had disclosed their details and indicated their willingness to provide evidence;

7. Failing to obtain counsel's advice;

8. Failing to engage Furniture Co Limited to jointly appoint a medical expert;

9. Failing to carry out the Claimant's instructions by all appropriate means;

10. Acting with unreasonable delay in issuing proceedings;

11. Issuing proceedings unnecessarily near to the expiry of the limitation period;

12. Failing to...