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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I suffered a workplace injury due to a breach of 12.1 of Workplace

Resolved Question:

I suffered a workplace injury due to a breach of 12.1 of Workplace Health and Safety Regulations 1999.

I was a contractor with my own limited company. The claim is against the controller of the property and that part of the claim is water tight.

However, the injury caused the contact to be frustrated, in that, as a direct result of the injury, my company went into voluntary liquidation causing me to be out of work or some 9 months.

My question is not on the events, but can I issue two claims, one against the controller of the premises for negligence due to breach and two, for frustration of contract against the controller of the premises who was a third party identified in the Contract
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Generally you would only ever issue one claim, but have what is called separate heads of claim

Alex Watts :

For example you would plead in your claim for negligence and ALSO the frustration element

Alex Watts :

However if this is a personal injury claim then in any event your losses would appear to flow and form part of the overall loss

Alex Watts :

You would therefore claim for injury and claim for past losses and any future losses as a result

Alex Watts :

But if you wanted two claims it would be one claim form but with two elements to it as they arise out of the same facts

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

would I state frustation of contract as a head

Alex Watts :

You can put that as a separate head of claim for injury yes

Customer:

Could I do this in a personal injury negligence claim and include losses such as'

Customer:

Loss of company,

Customer:

Costs of liquidation etc

Alex Watts :

Well that's a hard one, you could potentially have it as a future loss

Alex Watts :

But you would need to show that this cause of action was not too remote

Alex Watts :

That is, was it reasonably forseeable.

Alex Watts :

I see an issue of remoteness here

Alex Watts :

But you can plead it by all means

Customer:

no there is a direct causal link

Alex Watts :

It may be hard to claim for that, but of course you could try

Alex Watts :

Had it not been for the injury then you would not have suffered these costs.

Alex Watts :

Does that clarify the position?

Customer:

what head of claim would you best describe this

Alex Watts :

You are claiming for personal injury

Alex Watts :

Does that clarify?

Customer:

yes and all the events are as direct result of the injury, the contract became impractible to execute due to loss of the company, ergo, loss of contract under which i was engaged

Alex Watts :

That would be a loss suffered so potentially claimable.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Alex

Customer:

Thank you, XXXXX XXXXX conformed what I suspected. I appreciate your time, thank you. End

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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