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Jenkins v Chief Constable of Essex Police – finding of gross exaggeration




Laura Johnson has successfully represented the defendant police force in a claim for in excess of £750,000 arising out of a knee injury sustained by a police officer who fell off her desk at work.  The background to the fall was a prank by a fellow officer who had hidden the Claimant’s mobile telephone in the ceiling void.  The Claimant alleged that she had suffered a career ending injury and sought significant damages including for loss of earnings and pension and for an automatic car for life.  HHJ Freeland QC found that the defendant was vicariously liable for the officer who had hidden the phone, but concluded that the Claimant had grossly exaggerated her injury.  He found that the Claimant had suffered an injury that had largely recovered within 18 to 24 months of the accident.  Although she was restricted in her ability to carry out potentially confrontational duties she was fit for all other work and could have continued to have a fulfilling career with the police had she not chosen to present herself as unfit for work.  She was awarded damages of just over £10,000, failing to beat a Part 36 offer made in April 2016.  As such she has been ordered to pay all of the Defendant’s costs from the last date for acceptance of the offer. 

Laura Johnson was instructed by Clyde & Co LLP on behalf of the Chief Constable of Essex Police

For press coverage:

http://www.bbc.co.uk/news/uk-england-essex-43155309

 

 

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