Whilst training with the Territorial Army in the Mediterranean, Paul and his Corporal were engaged in a 120-foot climb. When Paul reached 50 feet he couldn't find the hand holes to continue climbing. He therefore tugged on the rope and shouted to his Corporal that he was unable to proceed.
Paul heard no reply, however the rope was then tugged twice, which had been the agreed signal that the safety line had been locked off.
Therefore Paul could reconnect himself to the abseil rope, which was approximately 6-8 ft to his left. However as he did so he lost his footing and fell, landing on his back on a rock.
Royal Navy Paramedics took him to the Naval Hospital, where following examinations it was concluded that he was paralysed. Paul suffered a severe spinal cord injury and vertebral column disruption.
Within 24 hours he was transferred to Stoke Mandeville Hospital Spinal Injury Unit in England where he spent several months. Paul was unable to go home and the Health Authority had to find him suitable accommodation.
Lesley Casey was instructed by Paul and negotiations commenced immediately with the Insurance company who handle MOD employers liability claims. Liability was not admitted. Employers liability climbing accidents are complex in their nature as in this case such accidents are rarely straight forward.
Lesley attended The Board of Inquiry on Paul's behalf and it gave her the first opportunity to consider in detail the nature of the MoD's evidence. Such evidence suggested that Paul had been wrong in his assertion that 2 tugs on the rope was a sign that the rope had been locked off and that the abseil rope was ready to be used.
] Following further negotiations the MoD admitted liability and stated that they would not raise any issues regarding contributory negligence on Paul's part.
Paul's needs were assessed and it was concluded that he would require adapted housing, care and equipment. His injuries were such that the accident had left him with a disadvantage on the labour market.
The relevant medical and non-medical experts were instructed and a mobility assessment was arranged at a Mobility Centre.
An interim payment was agreed to fund the purchase and adaptation of a property which had been identified by medical and non medical experts to suit Paul's needs.
Lesley successfully settled Paul's case for £1.135 million.
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