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The ultimate compo claim
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- Lemon Quarter
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The ultimate compo claim
I have to say that the determination of Liverpool lawyers to get compo for their clients knows no bounds, and Messrs James Murray Solicitors have achieved new heights with a recent case.
It's a judgment of Mr Justice Turner, who is one of the very few judges now existing in the mould of the late, great Lord Denning, not afraid of injecting some wit and irony into his judgments.
The case is promising material. A Liverpool Lady had enjoyed a refreshing night out, but having consumed perhaps one too many glasses of sherry succumbed to an unfortunate and sudden illness, which caused her to regurgitate her evening's consumption over both herself and the taxi in which she was being conveyed home.
The driver of the said taxi was not best pleased, and an argument ensued. The police arrived, and took LL into custody, largely for her own protection.
She was apparently covered in her own stomach contents, so they changed her into clean clothes and left her to sober up. She was eventually given a fixed penalty of £60 and sent on her merry - or by the following morning probably not so merry - way.
So far, so predictable. But what happened next was rather less so. She decided that as she had not given specific consent to her vomit-covered clothes being changed she had not only been the victim of trespass to the person but her rights under Article 8 of the European Convention of Human Rights had been breached. Aided and abetted by Mr Murray and his Merry Men she duly sued Merseyside Police!
Readers will no doubt be glad to know that she lost, but she then appealed to the High Court, which is where Mr Justice Turner comes in.
His opening sentence is destined to be a classic:
"Cheryl Pile brings this appeal to establish the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing."
He continues:
"It is against this colourful background that she brought a claim against the police in trespass to the person and assault alleging that they should have left her squalidly and unhygienically soaking in vomit. Fortunately, because this appeal will be dismissed, the challenge of assessing damages for this lost opportunity will remain unmet."
How on earth Mr Murray ever imagined, even in LIverpool, the compo capital of the world, that this was a runner is completely beyond me, but we owe him thanks for providing some light entertainment in these gloomy times
The full report is here - https://www.bailii.org/ew/cases/EWHC/QB/2020/2472.html
It's a judgment of Mr Justice Turner, who is one of the very few judges now existing in the mould of the late, great Lord Denning, not afraid of injecting some wit and irony into his judgments.
The case is promising material. A Liverpool Lady had enjoyed a refreshing night out, but having consumed perhaps one too many glasses of sherry succumbed to an unfortunate and sudden illness, which caused her to regurgitate her evening's consumption over both herself and the taxi in which she was being conveyed home.
The driver of the said taxi was not best pleased, and an argument ensued. The police arrived, and took LL into custody, largely for her own protection.
She was apparently covered in her own stomach contents, so they changed her into clean clothes and left her to sober up. She was eventually given a fixed penalty of £60 and sent on her merry - or by the following morning probably not so merry - way.
So far, so predictable. But what happened next was rather less so. She decided that as she had not given specific consent to her vomit-covered clothes being changed she had not only been the victim of trespass to the person but her rights under Article 8 of the European Convention of Human Rights had been breached. Aided and abetted by Mr Murray and his Merry Men she duly sued Merseyside Police!
Readers will no doubt be glad to know that she lost, but she then appealed to the High Court, which is where Mr Justice Turner comes in.
His opening sentence is destined to be a classic:
"Cheryl Pile brings this appeal to establish the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing."
He continues:
"It is against this colourful background that she brought a claim against the police in trespass to the person and assault alleging that they should have left her squalidly and unhygienically soaking in vomit. Fortunately, because this appeal will be dismissed, the challenge of assessing damages for this lost opportunity will remain unmet."
How on earth Mr Murray ever imagined, even in LIverpool, the compo capital of the world, that this was a runner is completely beyond me, but we owe him thanks for providing some light entertainment in these gloomy times
The full report is here - https://www.bailii.org/ew/cases/EWHC/QB/2020/2472.html
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- Lemon Quarter
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Re: The ultimate compo claim
Wonderful turn(er) of phrase. I think it is was the same judge who when commenting on a claim for legal costs used the memorable phrase ‘redolent of a degree of financial incontinence’
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- Lemon Quarter
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Re: The ultimate compo claim
Brilliant story. Thanks!
I'd hate to be one of this woman's neighbours. She got semi-medical treatment, a place to sleep and clean clothes, and only paid £60?
So basically, if you want to get rat-arsed in Liverpool and can't afford a hotel, simply throw up in a cab and wait.
I wonder if the taxi firm can make her pay for the cleaning.
Steve
I'd hate to be one of this woman's neighbours. She got semi-medical treatment, a place to sleep and clean clothes, and only paid £60?
So basically, if you want to get rat-arsed in Liverpool and can't afford a hotel, simply throw up in a cab and wait.
I wonder if the taxi firm can make her pay for the cleaning.
Steve
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- Lemon Quarter
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Re: The ultimate compo claim
stevensfo wrote:Brilliant story. Thanks!
I'd hate to be one of this woman's neighbours. She got semi-medical treatment, a place to sleep and clean clothes, and only paid £60?
So basically, if you want to get rat-arsed in Liverpool and can't afford a hotel, simply throw up in a cab and wait.
I wonder if the taxi firm can make her pay for the cleaning.
Steve
Last I heard, she was suing the taxi company for stealing her vomit
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- Lemon Half
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Re: The ultimate compo claim
stevensfo wrote:I'd hate to be one of this woman's neighbours. She got semi-medical treatment, a place to sleep and clean clothes, and only paid £60?
possibly breakfast as well.
I cant say how I may know this.
didds
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Re: The ultimate compo claim
AleisterCrowley wrote:Cheryl Pile.... I can just picture her
Odd name. Perhaps the custody officer couldn't spell Haemorrhoid
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- Lemon Half
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Re: The ultimate compo claim
scrumpyjack wrote:Presumably she got legal aid for this worthy case?
My guess, no. Isn't it rarer than hen's teeth these days?
Possibly an ambulance chasing solicitor on a no win no fee basis?
But if so, it doesn't say much for their expertise and judgement if they honestly thought it a case worth taking on and pushing as far as they did.
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