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Sarah Riley was recently instructed by Ryan Simmonds of Ross Aldridge Solicitors to represent both Claimants in a fast track trial where both liability and quantum were disputed. The Defendant also raised the issue of fundamental dishonesty in relation to one of the claims.
The Claimants were seated in a function room of the Defendant’s pub when a large stag’s head fell from a height of approximately eight feet, striking them.
They relied on the doctrine of res ipsa loquitur, arguing that the head would not have fallen without negligence. The Defendant admitted that no inspection or maintenance system was in place.
The Court held that res ipsa loquitur applied, allowing an inference of negligence, and the Claimants would succeed unless the Defendant could prove they had exercised due care. The judge noted that the doctrine clearly applied and indicated he would also have ruled in the Claimants’ favour under the Occupiers’ Liability Act.
There was no finding of fundamental dishonesty, and the Court went on to assess damages for each Claimant.
The matter fell to be determined under the newly implemented fixed costs regime, and the Court accordingly applied CPR 45.5(4). It was, however, observed that there remains an absence of authoritative guidance as to the proper exercise of the Court’s discretion when determining whether to direct that two sets of costs be recoverable, as opposed to awarding a 25% uplift on costs.