Category: Case Studies
Road Traffic Accident: Serious Personal Injury Claim
Our client was a passenger in a vehicle when the driver lost control of the car, causing a collision in which he sustained serious injuries. Liability was admitted by the defendant, but causation and the extent of our client’s injuries were disputed throughout, and the defendant raised a number of additional arguments that added significant complexity to the conduct of the claim.
Case at a Glance
Serious road traffic accident claim resolved for passenger without trial
£175,000
- Matter type
Road Traffic Accident (Passenger Claim) - Settlement
£175,000 global damages plus recovery of approximately £37,000 in repayable benefits - Outcome
Settled without trial
Nature of the Injuries
Our client suffered serious physical injuries in the accident, together with chronic headaches, chronic pain and significant psychological injuries. The combination of these conditions had a substantial impact on his ability to work, and the future loss of earnings element formed the largest single component of the overall claim.
The range and complexity of the injuries necessitated the instruction of a team of specialist medical experts. An orthopaedic expert, an ENT specialist (our client had developed tinnitus as a result of the accident), a psychologist and a neuropsychologist were all instructed. As the case progressed and the full picture of our client’s condition became clearer, a pain specialist was also engaged. Specialist counsel was instructed to assist with the valuation and presentation of the claim.
Key Challenges
The defendant raised three distinct arguments in an effort to reduce the value of the claim, each of which required careful attention and specialist input.
Seatbelt defence. The defendant alleged that our client had not been wearing a seatbelt at the time of the accident and sought a reduction in damages on that basis. This required us to examine the evidence carefully and address the allegation head-on, drawing on the medical and factual material available to us.
Contributory negligence and the drunk driver allegation. The defendant further alleged that our client had been contributorily negligent on the basis that he had knowingly allowed himself to be driven by a driver who was under the influence of alcohol. This is a well-established legal argument: a passenger who voluntarily accepts a lift from a driver they know to be drunk may have their damages reduced to reflect their share of responsibility for their own injuries. To address this allegation properly, we obtained a specialist toxicologist’s report to examine the evidence around the driver’s condition at the relevant time.
Pre-existing injuries. The defendant alleged that a number of our client’s complaints related to conditions that pre-dated the accident rather than being caused by it. Establishing the correct causal picture required detailed analysis of the medical records and careful engagement with the expert evidence to demonstrate which aspects of our client’s condition were properly attributable to the accident.
Passengers and Contributory Negligence: What You Need to Know
If you are injured as a passenger in a road traffic accident, you are generally entitled to bring a claim for compensation. However, defendants and their insurers will sometimes argue that a passenger bears some responsibility for their own injuries, and this argument can take several forms.
The most common example is the seatbelt defence. Where a defendant can show that a claimant was not wearing a seatbelt and that the injuries would have been less severe had they done so, the court has the power to reduce the damages awarded, typically by 15 to 25 per cent depending on the circumstances. A further recognised form of contributory negligence arises where a passenger accepts a lift from a driver they know, or ought to know, to be impaired by alcohol or drugs. The courts have consistently held that knowingly accepting such a risk can result in a reduction of damages, and defendants will frequently raise this argument where there is any evidence to support it.
Whilst these arguments can be powerful tools for defendants, they are not automatically accepted and can be challenged robustly with the right evidence. A toxicologist’s report, medical records, witness accounts and other contemporaneous evidence can all play an important role in addressing these allegations. It is vital to have experienced legal representation at an early stage so that the appropriate evidence is gathered and preserved.
Compensation Recovery Unit and State Benefits
Where a claimant has received certain state benefits as a result of their injuries, the Compensation Recovery Unit (CRU) requires those benefits to be repaid to the government out of any damages awarded or agreed. The defendant is responsible for repaying the relevant benefits directly to the CRU, and this repayment is made separately from the compensation paid to the claimant.
In this case, in addition to the £175,000 in global damages recovered for our client, the defendant was required to repay approximately £37,000 in benefits to the CRU. This represents a significant additional sum that reflects the true financial impact the accident had upon our client’s life during the period of the claim.
About Road Traffic Accident Claims
If you have been injured in a road traffic accident that was not your fault, you may be entitled to bring a claim for compensation regardless of whether you were the driver, a passenger, a cyclist or a pedestrian. Liability and the extent of your injuries are two separate questions, and it is important to understand that even where the other party admits fault, the value of your claim will often remain disputed.
Compensation in a personal injury claim can cover a wide range of losses. General damages are awarded for the pain, suffering and loss of amenity caused by your injuries. Special damages cover your financial losses, which may include loss of earnings (both past and future), the cost of medical treatment and rehabilitation, care provided by family members, and travel expenses. In more serious cases, where injuries affect a person’s long-term ability to work, the future loss of earnings element can represent the most significant part of the overall claim.
The medical evidence underpinning a claim is critical. Defendants and their insurers will scrutinise expert reports carefully, and in complex cases involving multiple conditions it is essential to instruct the right specialists. Where injuries are serious or long-lasting, it is not unusual for several different experts to be required. Getting the medical evidence right from an early stage can make a material difference to the outcome of a claim.
Conduct of the Litigation
Court proceedings were issued and, notwithstanding the volume of contested issues raised by the defendant, the matter was resolved through negotiation and settled well in advance of any trial. Our client recovered global damages of £175,000, with the defendant separately required to repay approximately £37,000 in state benefits to the CRU.
Outcome
Our client received a settlement of £175,000 in global damages, with a further £37,000 in benefits recovered on his behalf. The case involved a sustained challenge from the defendant on multiple fronts, including contributory negligence, the seatbelt defence and the question of pre-existing conditions. Through careful preparation, specialist expert evidence and the assistance of counsel, we were able to present a robust case and achieve a resolution that properly reflected the impact the accident had had upon our client’s life.
Have you been injured in a road traffic accident?
Our team has experience handling claims of all levels of complexity, from straightforward whiplash injuries through to serious and life-changing conditions. If you have been injured and would like to understand your options, please contact us for a free initial discussion.
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Chronic Pain, Contested Injuries, and a Fundamental Dishonesty Allegation: How We Secured £100,000 for a Young Passenger
Some personal injury claims are straightforward. A clear accident, an admitted liability, a defined injury, and a negotiated settlement. This was not one of those cases. Over the course of several years, our client — a young woman of just 21 at the time of the accident — faced a defendant who disputed virtually everything, deployed surveillance footage against her, and pleaded fundamental dishonesty in their formal defence. Despite all of that, we secured her a settlement of £100,000.
Case at a Glance
Road traffic accident claim resolved for 21-year-old passenger after contested injuries
£100,000
- Type of Claim
Road traffic accident — passenger in a rear-end collision - Client’s Age at Accident
21 - Liability
Admitted - Disputed
Causation and quantum - Proceedings Issued
October 2021 - Trial Listed
July 2026 (10 days) - Settled
November 2025 (mediation)
The Accident and the Dispute
Our client was a passenger when another car drove into the rear of the vehicle she was travelling in. She had done nothing wrong, and liability was admitted. What followed, however, was years of fierce dispute about what that collision had actually done to her.
That distinction — between admitted liability and disputed causation — is one that catches many claimants off guard. An admission of liability is not an admission of the full extent of injury. The defendant accepted the accident happened. They did not accept that our client’s injuries were as serious, as enduring, or as life-altering as she and her medical team said they were.
Complex and Life-Altering Injuries
Our client’s injuries were not the kind that resolve with rest and physiotherapy. She suffered from chronic widespread pain, psychological injuries, seizures, and was ultimately diagnosed with functional neurological disorder (FND) — a condition in which the nervous system does not function properly, producing real and disabling symptoms that are nonetheless difficult to quantify in a legal context.
We initially instructed an orthopaedic expert, a neurologist, and a psychologist. As the severity of her condition became clearer, we extended the team to include a pain specialist and a neuropsychiatrist. Because our client had been unable to work since the accident, the largest single component of her claim was future loss of earnings — reflecting the fact that this young woman’s entire working life had potentially been derailed by a collision she did nothing to cause.
Given the complexity and value of the claim, we instructed senior counsel at an early stage. Counsel attended our client at her home and took a detailed witness statement — an approach that reflects both the seriousness of the claim and the sensitivity required when a client’s conditions make formal attendance difficult.
A Complication: Two Accidents, Two Solicitors
Seven months before the collision we were instructed on, our client had been involved in a separate accident — handled by different solicitors and pursued against the Motor Insurers’ Bureau (MIB), as the driver in that earlier incident was never traced.
This meant two ongoing claims, two legal teams, and overlapping injuries. Chronic pain and functional neurological disorder do not come with neat timestamps. We liaised consistently with the other solicitors throughout to ensure the claims did not cut across each other and that our client’s overall position was properly protected.
Surveillance and a Fundamental Dishonesty Allegation
The defendant pleaded fundamental dishonesty in their formal defence — an allegation that, if successful, can strip a claimant of their entire damages award. To support it, they produced covert surveillance footage of our client.
We rebutted this carefully and thoroughly, working with our medical experts to demonstrate that what the footage showed was entirely consistent with the fluctuating nature of chronic pain and FND. These conditions do not render a person visibly incapacitated at all times, and the defendant’s attempt to use this material to portray our client as dishonest was firmly countered.
Mediation and Settlement
Proceedings were issued in October 2021, with a 10-day trial listed for July 2026. With the trial approaching, the parties attended mediation in November 2025, where the claim settled for £100,000.
For a young woman whose health remained complex and whose future remained uncertain, bringing this chapter to a close with a meaningful, certain recovery — without the ordeal of a lengthy trial — was a significant and hard-fought achievement.
What This Case Demonstrates
- Admitted liability is not the end of the fight — causation and quantum can be just as fiercely contested
- Complex injuries require the right experts, and the willingness to expand the medical team as the picture develops
- Fundamental dishonesty allegations must be rebutted with thorough, evidence-based work
- Early instruction of senior counsel in high-value cases shapes strategy and pays dividends throughout
- Parallel claims with overlapping injuries require careful, ongoing coordination between legal teams
Injured in a road traffic accident?
We handle personal injury claims on a no win, no fee basis. Contact us today for a free, no-obligation assessment of your case.
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Damp, Mould, and a Difficult Defendant: How We Secured £10,000 for Tenants After Three Years of Determined Litigation
Damp and mould are among the most common — and most damaging — forms of housing disrepair affecting council and housing association tenants across the UK. They are also among the most contested. In this case, our clients faced not only the health risks and misery of living in a severely affected property, but a landlord who fought the claim at every turn. Three years later, our clients walked away with £10,000. Here is how we got there.
Case at a Glance
Damp and mould housing disrepair claim resolved for tenants after contested litigation
£10,000
- Primary Issues
Extensive damp and mould throughout the property - Duration
Approximately 3 years - Client
Housing association or council tenants
The Problem: Living with Extensive Damp and Mould
Few forms of disrepair affect daily life quite as pervasively as damp and mould. It creeps across walls and ceilings, damages furniture and belongings, fills the air with a musty, unhealthy smell, and — most seriously — poses real risks to the respiratory health of everyone living in the property. For vulnerable occupants, including children and those with underlying health conditions, the consequences can be severe.
Our clients had been living with extensive damp and mould for a significant period before coming to us. They had reported the problem to their landlord, as they were entitled to do, and had received little by way of meaningful action. The disrepair was not a minor patch of condensation in a bathroom corner — it was extensive, affecting multiple areas of the property, and it was making their home an unpleasant and unhealthy place to live.
The Complications: A Case That Was Never Going to Be Simple
From the outset, it was clear that this was not going to be a straightforward claim. Several factors combined to make it one of the more complex matters we have handled.
A Robust Defendant
Some landlords, when faced with a well-evidenced housing disrepair claim, will engage constructively, acknowledge their obligations, and seek to resolve matters efficiently. This defendant did not. They contested the claim robustly at every stage, disputing liability and the extent of the disrepair, and showing little appetite for early resolution. This approach, while frustrating for our clients, is not uncommon — and it is precisely why having experienced, tenacious solicitors in your corner makes such a difference.
A Non-CPR Part 35 Compliant Expert Report
One of the more significant legal issues in this case concerned the defendant’s expert report. In court litigation, expert evidence is governed by CPR Part 35 — the Civil Procedure Rules that set out the strict requirements an expert’s report must meet to be admissible and reliable. Among other things, a CPR Part 35 compliant report must contain a declaration that the expert understands their overriding duty to the court, and must be independent and objective.
The defendant’s expert report failed to meet these requirements. This was not a minor technicality. A non-compliant expert report carries significantly less weight — and in some circumstances, none at all. We identified this deficiency and used it effectively in our clients’ favour, undermining one of the defendant’s key pieces of evidence and strengthening our clients’ position considerably.
Overcrowding in the Property
A further complication arose from the issue of overcrowding. Defendants in damp and mould cases will frequently argue that the disrepair is not their fault at all — that the damp and mould is caused by the lifestyle of the occupants, particularly where a property is overcrowded and there are higher levels of moisture in the air from cooking, bathing, and breathing. This is a well-worn argument, and one we are well-practised at addressing.
Overcrowding, where it exists, is often itself a consequence of systemic failures in social housing — families placed in properties too small for their needs, with no adequate alternative available to them. It is not a defence that automatically absolves a landlord of responsibility for disrepair, and we worked hard to ensure that the complexities of this issue did not derail our clients’ claim.
Issuing Court Proceedings: Taking the Fight to the Defendant
Given the defendant’s unwillingness to engage constructively, it became necessary to issue and serve formal court proceedings. This is a step that some tenants find daunting — the prospect of litigation can feel intimidating — but it is often an essential one when dealing with a landlord who will not take a claim seriously without the pressure of formal legal action.
Issuing proceedings sends a clear message: this claim is real, it is well-founded, and we are prepared to see it through to a final hearing if necessary. It also triggers a series of procedural obligations on both parties, including the exchange of evidence, the instruction of joint or separate experts, and compliance with court directions — all of which we managed carefully on our clients’ behalf.
It was at this stage, with the full weight of the litigation machinery in motion, that the weaknesses in the defendant’s case became increasingly apparent — not least the deficiencies in their expert evidence.
Settlement: £10,000 Before Trial
Ultimately, the case settled prior to a final trial hearing. This is a common and often sensible outcome in housing disrepair litigation. Trials carry uncertainty and cost for both parties, and when the evidence is pointing firmly in one direction — as it was here — a negotiated settlement can deliver a good result for the client without the stress and expense of a courtroom hearing.
After approximately three years of determined and skilled work, our clients received a settlement of £10,000. This figure reflects compensation for the general damages they suffered — the years of living in a damp, mouldy, unhealthy home, the impact on their physical and mental health, and the loss of amenity — as well as any financial losses they incurred as a result of the disrepair.
What This Case Demonstrates
This case is a powerful illustration of several realities of housing disrepair litigation that every tenant should understand.
- Not all landlords will settle early. Some will fight, and the ability to take a case all the way to the steps of a courtroom — and beyond if necessary — is what ultimately delivers results for clients. Choosing solicitors who are genuinely prepared to litigate, not just negotiate, matters enormously.
- Expert evidence is critically important — and it cuts both ways. A strong, CPR-compliant expert report is a cornerstone of a successful claim. An expert report that does not meet the required standards can be a significant liability for the party relying on it. We scrutinise the defendant’s evidence as carefully as we build our own.
- Overcrowding arguments are not a free pass for landlords. The suggestion that tenants are responsible for their own damp and mould is frequently raised and frequently wrong. It requires careful rebuttal, supported by the right evidence and the right expertise.
- Patience and persistence pay off. Three years is a long time to live with uncertainty, and we acknowledge that. But when a defendant is determined to fight, the willingness to see a case through — methodically, professionally, and without losing sight of the client’s interests — is what secures the outcome our clients deserve.
Think You Have a Housing Disrepair Claim?
If you are a council or housing association tenant dealing with damp and mould, or any other form of disrepair that your landlord has failed to address, we are here to help — no matter how difficult your landlord may be.
We act exclusively for tenants on a no win, no fee basis. There is no financial risk to you in bringing a claim, and no obligation following an initial conversation. Contact us today for a free assessment of your case.
All cases are different and past results are not a guarantee of future outcomes. This article is for informational purposes only and does not constitute legal advice.
Dealing with damp and mould in your home?
If your landlord has failed to address damp, mould, or other housing disrepair issues, you may be entitled to compensation. Our solicitors can assess your situation and help you take legal action to resolve the problem and recover damages.
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From Structural Crisis to Settlement: How We Secured £9,000 for a Tenant Displaced by Severe Subsidence
When the ground beneath your home begins to give way, the consequences extend far beyond cracked walls and uneven floors. For one of our clients — a council tenant living with their family — what began as a structural problem spiralled into months of upheaval, uncertainty, and significant personal distress. This is the story of how we helped them secure justice, and why cases like this matter.
Structural disrepair claim resolved for council tenant and family
£9,000
-
Primary Issues
Severe subsidence, structural cracking, and major structural concerns -
Duration
Just under 2 years -
Client
Council tenant (with family)
The problem: when your home becomes unsafe
Subsidence is one of the most serious forms of housing disrepair a tenant can face. Unlike a leaking roof or a broken boiler — problems that cause inconvenience and discomfort — structural movement threatens the integrity of the building itself.
In this case, our client began noticing the tell-tale signs: deep, widening cracks running through internal and external walls, uneven floors, doors and windows that no longer closed properly, and a growing sense that the property simply was not safe to live in.
These are not cosmetic issues. Severe subsidence can destabilise foundations, compromise load-bearing structures, and in the worst cases, render a property completely uninhabitable.
The client reported their concerns to their landlord, as any tenant should — but the response was slow, and the situation continued to deteriorate.
The complication: being decanted from the family home
Given the severity of the structural damage, the landlord eventually accepted that the property needed significant repair works and that it was not safe for the family to remain there during that process.
The client and their family were therefore ‘decanted’ — a term used in housing law to describe the temporary relocation of a tenant while works are carried out.
In theory, decanting is a practical and reasonable step. In practice, it can be deeply disruptive.
Our client and their family were moved to an alternative address, away from their established community, their routines, and the familiar surroundings of their home. The temporary accommodation, while a roof over their heads, was not their home — and the emotional toll of that distinction should never be underestimated.
The disruption affected the entire family, and critically, the uncertainty about when the works would be completed and when they could return home created a sustained period of anxiety and stress. The mental health impact on our client was significant and formed an important part of their claim.
The financial impact: extensive special damages
Decanting a family does not simply mean giving them keys to a temporary property. It means moving belongings, arranging storage, dealing with utilities, managing post, and navigating a dozen logistical challenges — all while living somewhere that is not your own home.
In this case, the client’s possessions had to go into storage, and we played an active role in assisting them with their move back into the property once the works were complete, as well as recovering their belongings from storage.
These practical complications translated directly into financial loss.
Special damages in this case were quite extensive, reflecting the real out-of-pocket costs our client incurred as a direct consequence of the landlord’s failure to maintain the property.
When we talk about compensation in housing disrepair cases, it is not simply about putting a number on distress — it is about restoring our client, as far as money can, to the position they would have been in had the disrepair never occurred.
Standing firm: pushing back on unreasonable requests
Housing disrepair cases rarely run entirely smoothly, and this case was no exception.
Among the complications that arose was a request from the landlord that our client and their family move back into the property over the Christmas period — before it was truly appropriate or convenient to do so.
Christmas is a time of particular significance for families, and being pressured to disrupt that period to fit a landlord’s schedule — whether to manage contractor availability or reduce the cost of temporary accommodation — is something we took firm issue with on our client’s behalf.
We assisted the client in pushing back against this unreasonable request, ensuring that their interests and wellbeing remained central to all decisions about the timing of their return.
This aspect of the case is a reminder that housing disrepair claims are not simply about the physical condition of a property. They involve real people, real families, and real lives.
A good housing disrepair solicitor is not just a litigator — they are an advocate for their client in every sense of the word.
The resolution: £9,000 settlement
After just under two years — investigating the claim, gathering expert evidence on the structural issues, quantifying the special damages, and negotiating firmly on our client’s behalf — we secured a settlement of £9,000.
This sum reflects compensation for the general damages arising from the disrepair itself (the loss of amenity, the distress, and the impact on daily life and mental health), as well as the extensive special damages our client incurred as a result of their displacement.
For our client, the settlement represented not only financial recognition of what they had been through, but also a sense of closure.
They are back in their home, the structural works have been completed, and — with our help — they were able to put this difficult chapter behind them.
Think you have a housing disrepair claim?
If you are a council or housing association tenant living with disrepair — whether structural issues like subsidence, damp and mould, failing heating systems, or any other problem your landlord has failed to address — we are here to help.
Our specialist housing disrepair team acts exclusively for tenants, and we operate on a no win, no fee basis, meaning there is no financial risk to you in bringing a claim.
Get in touch today for a free, no-obligation assessment of your case.
Experiencing similar housing disrepair problems?
If your landlord has failed to address serious issues such as subsidence, structural cracking, damp or mould, you may be entitled to compensation. Our solicitors can assess your situation and help you take legal action to resolve the problem and recover damages.
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