S v BB (Long running claim for chronic pain syndrome)

When the parties and their representatives agreed to use IE for this case, they
thought their dispute was incapable of settlement. To their surprise and relief,
within just a few weeks, Independent Evaluation succeeded where years of
litigation had failed. All parties were converted to the full value of independent
evaluations.

The claim was for a 7-figure sum arising out of an accident at work which led to
chronic pain syndrome. The claimant had received extensive treatment and
never returned to work. Following 9 years of litigation and with a 7-day High
Court trial looming, the parties agreed to use IE in a final attempt (and there had
been many) to settle the claim.

The parties were polarised. Allegations of exaggeration were made and, to a
degree, supported by video footage and DWP records. The great benefit of the
evaluation process is that it provided an opportunity for the Evaluator (in this
case a Deputy High Cout Judge) to have a direct and detailed discussion with the
claimant and his family, to explain, in this instance, the weakness of his case in
light of the evidence from both sides. The claimant was able to appreciate, for the
first time in many years, how his claim and evidence would be assessed and
dissected at Court. This was a sobering exercise for the claimant and his family
and was much appreciated by them, as it enabled them to recognise not only the
risks of litigation to them but to understand the likely result if they failed to
settle and went to trial.

The Evaluator then made his evaluation of the case, with a sum that turned out to
be close to a final offer made in previous years. This time, as a result of the IE
process, the claimant was able to accept the offer and move on with his life,
whereas previously he had been unable to make or understand the need for any
concession. It also prevented the defendant ‘playing hard ball’ and ensured that
they were still willing to pay proper and full damages and a sensible proportion
of the costs to the satisfaction of all parties.