Posts Tagged ‘claim’
WORLD- renowned opera singer has launched an international battle for compensation based on a claim that his career was ruined following a terrifying accident.
David Montague-Rendall from Hampshire is claiming £250,000 for loss of earnings since the terrifying accident, which occurred when part of a two-tier set collapsed on top of him at the Copenhagen Opera House.
Having fallen about 15ft, Mr Montague-Rendall shattered his left hip and damaged both shoulders, but managed to crawl to safety, thus avoiding being crushed.
Despite making stage appearances since the accident, the 61-year-old from Brockenhurst says that bookings had dried up because opera companies were in doubt over his ability to achieve similar high standards. He held his last performance two years ago.
Mr Montague-Rendall is now suing the Danish Ministry of Culture, who are the owners of the theatre.
“During the performance two stage levels were raised to give the impression that I was underground in a tomb,” the singer said.
“On the night in question the stage above went sideways instead of up, resulting in the destruction of the set. I was knocked down at least 15 feet and tried to crawl to safety to avoid being crushed.”
Showered in debris after the accident, Mr Montague-Rendall has now instructed Irwin Mitchell, an international law firm to pursue his claim for compensation.
A spokesman for Irwin Mitchell said: “The lost earnings for an opera singer of our client’s stature are considerable. Although he’s received some recompense it’s insignificant considering the fact that his career has been ruined and he’s been forced to sell his house.
“The Danish Ministry of Culture has admitted liability but refuses to acknowledge the extent of the damage caused.
“Mr Montague-Rendall’s case will now be heard in a Danish court, where we will continue to fight for justice on behalf of our client.”
The singer was performing in the opera Aida as principal tenor in April 2005 when the accident occurred.
During the months following his fall, Mr Montague-Rendall underwent a hip replacement, a subsequent knee joint replacement and extensive shoulder surgery.
In 2008, Mr Montague-Rendall and his wife Diana were served a noise abatement notice by the New Forest District Council, after neighbours complained about the sound made by their outdoor swimming pool heating equipment.
Having lodged an appeal, the notice against the couple was subsequently withdrawn.
A senior judge has called for a new government to put an end to the “torrent” of legislation which has made the legal system incomprehensible to both judges and the public.
Speaking to The Times, Judge Charles Harris QC, president of the 600-strong council of circuit judges stated that criminal law had become so complex that judges had to have academic experts explain it to them.
He also felt that civil law was so complicated, terming some laws as being “completely beyond the grasp of people to whom they apply”.
“Law which is not readily comprehensive is unfair law, because those to whom it applies have to spend time, money and anxiety in finding out by litigation what their obligations are.”
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Judge Harris, who heads the judicial rank responsible for all serious cases in the Crown and county courts, stated that an average of 2,629 laws a year had been produced by the last three prime ministers.
He added that in the last eight years, there were between 40 and 70 Acts of Parliament and more than three thousand statutory instruments a year.
“Some substantive civil law is so complex that it is wholly inaccessible to the laymen to whom it applies and not much easier to understand for lawyers.”
He pointed out the consumer credit laws as a good example. “Academics graze contented in its thickets, while the people to whom the law applies have no choice but to sign contracts which they do not understand.”
The editor of Archbold, the criminal law compendium described the state of the criminal laws as a disgrace.
The sixty five-year old judge felt it was time for the passing of a bill to bring about the rationalisation and consolidation of the criminal laws, to weed out all statutes and to put an end to all legislation.
“It is vital to remember that laws should not be run up in haste and flung, as a palliative reaction, at every problem which may arise.”
Judge Harris comments came as another judge warned the public that they are “best off having nothing to do” with litigation.
Using lawyers’ bills and the complexities of modern court cases as an example, Lord Justice Mummery of the Court of Appeal stated that: “I am sympathetic to all litigants who get caught up in our legal system.”
Judge Mummery, Britain’s foremost employment law expert added: “The law is best kept as far away as possible; you’re best off having nothing to do with it”.
These comments came in the wake of the judge’s rejection of an appeal by a Devon lord of the manor against a bill for almost £15,000 that his company incurred after an Employment Tribunal hearing.
David Piper, Lord of the Manor of Warleigh’s argued that the compensation award following a claim for disability discrimination was “a travesty of justice”. However, when addressing the claim, Lord Justice Mummery stated that his challenge to the compensation had “no reasonable prospect of success”.
A defamation claim by tennis player Robert Dee against the Daily Telegraph arguing that the paper had defamed him, has been thrown out by the High Court. Robert Dee had argued that the newspaper had defamed him by labelling him the “world’s worst tennis pro”.
David Engel, a partner at Addleshaw Goddard Solicitors has won over thirty settlements from media outlets on behalf of Dee who had sought damages on claims of defamation from various media outlets. In addition to a £12,500 settlement from the BBC, Dee has also secured various payments and apologies from media outlets across the globe.
Of all media outlets, only the Daily Telegraph had decided to challenge the claim and sought to have it struck out. For this, the newspaper instructed solicitor advocate David Price.
Published in April 2008, the original article, the focus of this defamatory claim stated that: “Robert Dee, 21, of Bexley, Kent, did not win a single match during his first three years on the circuit, touring at an estimated cost of £200,000”.
The article further stated that: “But his dismal run ended at the Reus tournament near Barcelona as he beat an unranked 17-year-old, Arzhang Derakshani, 6-4, 6-3. Dee lost in the second round.”
The arguments by Mr Dee’s solicitors were to the effect that the article in contention had exposed his client to ridicule and had been detrimental to Dee’s future ability to work.
This morning, Mrs Justice Sharp rejected this argument that the claim had any chance of success in higher court, concluding that: “It wouldn’t be immediately apparent how the claims would be likely to restore or enhance the claimant’s reputation in any event.”
In addition, Justice Sharp also said: “The incontestably true facts are that the claimant [Robert Dee] did lose 54 matches in a row in straight sets in his first three years on the world ranking ITF/ATP tournaments on the international professional tennis circuit, and that this was the worst ever run.”
The judge added that the Daily Telegraph had “no additional obligation” to prove that Dee “is objectively the worst professional tennis player in the world”.
Dee has issued a statement saying that he is considering whether or not to appeal this judgement by Justice Sharp.
In his statement, Dee says that: “Given that more than 30 newspapers and other media organisations have already apologised for making allegations similar to those published by the Telegraph, it’s disappointing that the court has decided that my case against the Telegraph isn’t strong enough to proceed to a full trial”.
Dee further states that: “It’s particularly disappointing in light of the fact that the court accepted that the Telegraph was “having a laugh” at my expense and that the article could be defamatory.”
Counsel:
Claimant: Addleshaw Goddard partner David Engel instructed Andrew Caldecott QC of One Brick Court and David Sherborne of 5RB for Robert Dee.
Defendant: The Daily Telegraph instructed solicitor advocate David Price of David Price Solicitors & Advocates.