Press release for Robert Robb House of Lords Appeal
‘Quantum Claims today expressed great delight following details of a House of Lords judgement issued in London this morning in the successful Appeal pursued on behalf of Aberdeen man, Robert Robb, who was seriously injured in course of his work as an offshore scaffolder for Salamis (M & I ) Ltd in the North Sea on 6th September, 1999. Awaking from his sleep in the upper of two bunks on the semi-submersible platform Buchan Alpha some 3 hours before he was due to start his 12 hour night shift, he fell as he stepped on to the removable ladder placed to allow descent to the floor. Because the ladder had not been safely fixed within the metal retainers supplied, it gave way as soon as he placed his weight on the first rung causing a fall of 5 feet to the floor and the consequent injury. Unable to work offshore again as a result of the injury, Mr Robb, while found to have been 50% to blame for the accident, ends up with a substantial six figure damages award.
Quantum’s Chairman, Frank Lefevre, Solicitor, said today:
‘My three co-directors and I are ecstatic at this result for Mr Robb, considering how long ago the accident happened, and the fact that the case started in Aberdeen Sheriff Court where the Sheriff’s decision against him was dated 16th October 2003 and following an appeal to the Inner House of the Court of Session in Edinburgh the decision of the three judges there again went against him on 16th March 2005. Bearing in mind that Quantum operates on a no-win no-fee basis, it is a huge step for us to go through two stages of litigation at the company’s cost and come to the conclusion, albeit on sound advice from counsel, that we have a case worth taking to the House of Lords, the country’s highest Court – taken together we have funded in excess of £100,000.
For my own part success in Robert Robb’s appeal is particularly sweet, because while this is the fourth Appeal case we have taken to the Lords since I founded Quantum Claims in 1988, it is the first to be successful, and with a sizeable award. It is interesting to observe that while the Sheriff here found that Salamis were not in breach of the safety regulations the case was founded on, even if they had been in breach, Mr Robb was 100% at fault for the accident. While the Inner House agreed that there was no breach by Salamis, they concluded that the Pursuer was only 50% to blame. In the Lords Appeal, having found against the Defenders, the judges confirmed the percentage of contributory blame. At the risk of being seen to disagree with this, it is interesting to note that Lord Rogers would have favoured a lesser percentage as the extent of the claimant’s fault, while the four of us genuinely believe there was no fault on Robert Robb’s part.’
Needless to say the result of this appeal has caused great interest amongst members of the Scottish Bar in Edinburgh. Senior Counsel for Mr Robb in this case, Angus Stewart, QC, SeniorAdvocate Depute, said:
‘Whilst pleased by the decision I feel it important to observe that the judgement of Lord Clyde has given the green light to all personal injury litigators in future cases to challenge the basis of UK Health & Safety Law as it has been interpreted over the past 15 years.’
Quantum’s Chairman, Frank Lefevre, Solicitor, said today:
‘My three co-directors and I are ecstatic at this result for Mr Robb, considering how long ago the accident happened, and the fact that the case started in Aberdeen Sheriff Court where the Sheriff’s decision against him was dated 16th October 2003 and following an appeal to the Inner House of the Court of Session in Edinburgh the decision of the three judges there again went against him on 16th March 2005. Bearing in mind that Quantum operates on a no-win no-fee basis, it is a huge step for us to go through two stages of litigation at the company’s cost and come to the conclusion, albeit on sound advice from counsel, that we have a case worth taking to the House of Lords, the country’s highest Court – taken together we have funded in excess of £100,000.
For my own part success in Robert Robb’s appeal is particularly sweet, because while this is the fourth Appeal case we have taken to the Lords since I founded Quantum Claims in 1988, it is the first to be successful, and with a sizeable award. It is interesting to observe that while the Sheriff here found that Salamis were not in breach of the safety regulations the case was founded on, even if they had been in breach, Mr Robb was 100% at fault for the accident. While the Inner House agreed that there was no breach by Salamis, they concluded that the Pursuer was only 50% to blame. In the Lords Appeal, having found against the Defenders, the judges confirmed the percentage of contributory blame. At the risk of being seen to disagree with this, it is interesting to note that Lord Rogers would have favoured a lesser percentage as the extent of the claimant’s fault, while the four of us genuinely believe there was no fault on Robert Robb’s part.’
Needless to say the result of this appeal has caused great interest amongst members of the Scottish Bar in Edinburgh. Senior Counsel for Mr Robb in this case, Angus Stewart, QC, SeniorAdvocate Depute, said:
‘Whilst pleased by the decision I feel it important to observe that the judgement of Lord Clyde has given the green light to all personal injury litigators in future cases to challenge the basis of UK Health & Safety Law as it has been interpreted over the past 15 years.’
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