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14 July 2011 / Patrick Limb KC
Issue: 7474 / Categories: Features , Damages , Personal injury
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Skeleton argument

Patrick Limb QC surveys the case of Zurich v Hayward

In Zurich v Hayward [2011] EWCA Civ 641, [2011] All ER (D) 280 (May), Mr Hayward was injured at work in 1998—the employers’ liability insurers were Zurich. In 2001, he issued proceedings against his employers alleging suffering from continuing physical disabilities on account of significant, spinal injury. The £420,000 schedule of loss substantially comprised of ongoing loss of earnings.

In the light of video evidence obtained, the defendant alleged that the claimant was fit for full-time work, albeit not heavy lifting. Notably, the defence contended: “The claimant has exaggerated his difficulties in recovery and current physical condition for financial gain”.

The orthopaedic surgeons, respectively engaged, produced a joint report. The doctors thought discrepancy between the first video surveillance and Mr Hayward’s description of his symptoms “needed clarification”. They agreed he was fit only for part-time work which did not entail heavy duties.

In August 2002, liability was compromised with 20% off for contributory negligence. In June 2003, the defendant paid £100,000 into court—with

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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