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Case Studies

How we've helped our clients.

Case Studies

How we've helped our clients.

Author :

In a case litigated in the Court of Session we successfully pursued a claim for Alec who was burned whilst visiting a scrapyard

Alec was visiting a local scrapyard dealer looking for spare parts for his car. Whilst he was browsing, petrol was being decanted from the engines of scrap cars in the yard into a large bucket. There was no closed fuel retrieval system to minimise the risk of fire.

The expert evidence given in Court confirmed the petrol vapour given off during fuel retrieval would have spread throughout the scrapyard and even beyond its boundaries. The petrol vapour ignited and Alec was badly burned.

How we helped Alec

This was a difficult claim as the scrapyard owner was uninsured. He had broken the law by not having employer’s liability insurance, so we had to pursue him personally, and during the case he made a fraudulent application for Legal Aid. 

We litigated Alec’s claim and instructed a report from a fire safety expert and reports from a plastic surgeon, psychiatrist and care needs expert to help value the claim.

The case went to trial and we were successful. The scrapyard owner then appealed the Court’s Judgement firstly to the Sheriff Principal and then to the Inner House of the Court of Session. Both appeals failed and the Court awarded compensation of £116,000.

Alec said;

I was pleased with the way Lindsays dealt with my claim and in particular, with the way they persevered with the claim in the face of delaying tactics of the scrapyard owner. I was delighted with the compensation I was awarded and I would recommend Lindsays to anyone.

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