Scott Tuppen appeared for the claimant at the County Court in Lincoln, following a claim for damages arising for negligence. The claim was defended by the negligent party and his insurance company.

The claimant argued that he should be reimbursed for losses incurred directly and indirectly as a result of the defendant’s actions and omissions. The defendant sought to contest to the claim on the basis that the contract at the centre of the claim was void and unenforceable. The claimant succeeded in showing that the contract was valid. The defendant also sought to argue that the defendant wasn’t liable for all losses arising from the negligence. The court found in favour of the claimant that the defendant was liable for all losses. The defendant also sought to argue that the level of damages should be reduced because the claimant had allegedly failed to take reasonable steps to mitigate his loss.

Agreeing with Scott Tuppen’s submissions in respect of each aspect of the claim, the court awarded the claimant the full claim amount and the claimant’s costs.

Scott Tuppen was instructed by Garvins Law.