A British holidaymaker who was crushed by a falling coconut tree in Sri Lanka is suing her former lawyers for £4.5 million, claiming they fumbled her compensation claim.
Claire Saywell was relaxing on a sun lounger at the four-star Club Hotel Dolphin resort with her husband Darren when the 50ft coconut palm tree came down on top of her. Her legs were shattered and bent backwards at the knees in a 'v-shape' by the weight of the falling trunk, she said.
Mrs Saywell, 51, had to undergo emergency surgery in the Sri Lankan capital Colombo before being flown back to her home in Sittingbourne, Kent, following the February 2017 incident. The former insurance consultant enlisted major law firm Slater and Gordon UK to help her sue the travel agent she booked the trip through, Tui.
Missed Deadline and Breach of Duty
She says they missed a crucial deadline due to serving legal documents launching her claim to the wrong email address. Slater and Gordon UK Ltd have admitted breach of duty for having 'failed to validly serve Mrs Saywell's claim form in her personal injury claim', the High Court heard this week.
But the firm is disputing that they owe her a penny on the basis that she probably would have lost her case anyway.
In a preliminary hearing, Howard Elgot, for Mrs Saywell, told the judge: 'This is a professional negligence claim by Mrs Saywell against her previous solicitors. Breach of duty by the defendant is admitted. They failed to validly serve Mrs Saywell's claim form in her personal injury claim against Tui UK Ltd and her claim was struck out.'
Injuries and Allegations
He went on to add: 'She has had about 10 operations on her legs. She has serious pain and continuing disabilities in relation to her legs. She has had to give up her job as a well paid peripatetic insurance executive and is unemployed. She requires single-storey accommodation.'
'The defendant alleges that the falling of the tree was a natural disaster caused by a sudden gust of strong winds and not influenced by any human factor and that therefore there was no want of care by the hotel or its subcontractors.'
The court heard a tree expert had previously said 'it was clear that in order to secure some form of utility line, a spike and concrete had been driven into the base of the tree' and that 'this had caused rot and damage to the trunk'.
Expert Evidence and Dispute
He explained that 'these trees would not usually fall over in high winds, unless of course they were already rotten', adding that 'in his view a lay person could note the damage being done to the tree'.
Clare Elliot, for Slater and Gordon UK Ltd, told the judge that the planned case against TUI 'didn't exceed the 51% likelihood of success', adding that the £4.5 million damages figure is also 'highly contested'.
The court heard the two sides will try to settle the case through alternative dispute resolution if possible.
