Union Solicitors shame no win, no fee companies
Mrs Bateman was walking in the grounds of some communal flats on Merrill Way, Derby on the 28 September 2004 when she stepped on a manhole cover which gave way. As a result Mrs Bateman fell and injured her ribs.
Shortly after the accident Mrs Bateman contacted a local firm of solicitors. They made a claim against the Council for the accident. However, the Council denied responsibility on the basis that they had an adequate system of inspection. As a result of the Council’s denial of liability the Solicitors advised Mrs Bateman that the claim would fail at Court and they closed their file of papers.
Fortunately, Mr Bateman, who is a GMB member, suggested that Mrs Bateman make a claim through the Union.
Thompsons were instructed to represent Mrs Bateman in May 2005 by the GMB. When we took the matter up with the Council’s representatives they maintained a firm denial of liability. As well as alleging that they had an adequate system of inspection they went so far as to allege that Mrs Bateman had made up the circumstances of her accident and was not telling the truth.
In view of the Council’s denial I obtained statements from a number of witnesses who confirmed completely Mrs Bateman’s description of the accident. I also pressed the Council to disclose all documents to show the system of inspection they operated.
In view of the additional evidence uncovered by my investigations I decided to commence Court proceedings on behalf of Mrs Bateman. This case was listed for trial in December 2006. On the day of the trial the Defendants, for the first time, put forward some proposals for the settlement of the claim.
Following negotiations Mrs Bateman accepted the other side’s offer of £2,000.
Mrs Bateman is delighted with the support that she has been given by the GMB and Thompsons and is happy to publicise the outcome of her case.
Tim Roache, Manager of the Region’s Legal Service said “Mrs Bateman’s case is an excellent example of the difference between the legal service the GMB provides and no win, no fee Solicitors. Thompsons’ only concern is in getting compensation for Union members and their families whereas these other firms only care about whether they will get a slice of any money obtained. Unless the case is a nailed on winner therefore, they don’t want to know. When you think, our members get every penny of what they win, and all totally free, I know which one I’d prefer.”