Court success in Occupier’s Liability claim for Gerard Martin KC and Matthew Stockwell

April 5, 2023

Gerard Martin KC and Matthew Stockwell from Exchange Chambers have successfully acted in an extremely challenging Occupier’s Liability claim.

Judgment was today handed down in Ashton v City of Liverpool YMCA, a decision of HHJ Wood KC who, after a six-day trial in the High Court, found in favour of the Claimant.

The Claimant had a history of homelessness, street begging, criminal convictions and severe drug and alcohol addiction problems. In August 2017, she fell from a 4th floor window at the Defendant’s hostel resulting in extensive polytrauma (multiple fractures of the spine, brain injury and other orthopaedic fractures). Liability was highly contested, with evidence from nearly 30 lay witnesses and 7 experts. There were two major disputes on factually contentious issues, both of which were resolved in the Claimant’s favour in the face of extraordinary evidential obstacles.

Gerard Martin KC and Matthew Stockwell were instructed by Richard Edwards (Partner) and Naomi O’Rourke (Solicitor) at Potter Rees Dolan Serious Injury Solicitors.

Following the judgment, Richard Edwards paid tribute to the Claimant who demonstrated considerable courage in giving evidence.   He also praised the court for its sensitive management of the trial and for adjusting to the needs of a vulnerable Claimant.

The judgment can be found here.