QB-2022-002451 - [2025] EWHC 2204 (KB)

The trial took place over six days between 30^th April 2025 to 7^th May 2025. I considered documents in the agreed bundle running to approximately 1400 pages, an Opening Note on behalf of the Claimant, a skeleton argument from the Defendant, a supplemental bundle, a joint bundle of authorities and written closing submissions from both parties.

On behalf of the Claimant, I heard oral evidence from the following witnesses: the Claimant, Mr Rowan Pillay, Mr Joe Orton, and the Claimant’s wife, Ms Rachel Brown. Mr Pillay was present when the Claimant fell from his bike on 5^th September 2019. He gave evidence about the incident and the bollard on the road, both on that day, and some time later. Mr Orton works with the Claimant and gave evidence about his knowledge of the Claimant at work, his performance, opportunities for promotion, and his perception of the impact of the Claimant of the accident at work.

On behalf of the Defendant, I heard evidence from the following witnesses: Mr Michael Barrett, Mr Brian Foxton, Mr Sam Breaks, Mr Martin-Roberts, Mr Lee Askey and Mr James Ward.

Mr Barrett is the Development Impact Assessment Manager, Strategic Operations within Network Management and Resilience for TfL. Mr Foxton is the Group Engineer in the Street Management and Network Management Team within LBHC. At the relevant time, he was the Group Engineer from the Council who was engaged and involved in ensuring the highway and safety management for the Britannia Project.

Mr Sam Breaks was the Site Manager in September 2019 for the site adjacent to Pitfield Street within the Britannia Project. Mr Martin-Roberts was one of the Project managers for the Britannia Project. Mr Lee Askey was the Project Director for the Britannia Project. Mr James Ward was employed by Amber Langis and was a Project Manager.

Each witness from whom I heard oral evidence had prepared a written statement which appeared in the bundle. During the trial the Defendant applied to admit a second, significantly more detailed statement from Mr Ward of Amber Langis. The admission of that statement was opposed by the Claimant, noting that it had been prepared having heard the Claimant’s evidence, and in an apparent attempt to fill gaps in the Defendant’s case in the light of that evidence. For reasons which I gave orally at trial, I admitted the second statement from Mr Ward.

I heard evidence from two orthopaedic experts, Mr Perez and Mr Owen-Johnstone, and from two psychiatric experts, Dr Wise and Dr Gibbons.