Page 45 - Bundle for MF Final

Bates no 044

(f) Those reports specifically do not identify accident-related problems as the
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cause or source of CL's difficulties •
(g) In particular, neither CL 's hearing loss ( even if accident-related) nor tinnitus
constituted medical issues that prevented CL from piloting.
(h) fiy reference to (d) to (g) above, DEF challenges CL's assertion that accident­
related issues prevented him from continuing to work as he had done before the
accident. To the extent that he struggled, this reflected pre-accident problems at a
similar magnitude to previously.

Headahes

(i) Debilitating headaches were not raised as an issue by CL until later in 2015, leading
quickly to CL's suspnsion and subsequent ill-healt tennination. There is no
temporal connection between the index accident and the career-threatening
headaches. Insofar as it is concluded that the headaches prevented CL from
continuing as a pilot ( and there is no other feature which prevented this, as
evidenced by the 2014-2015 retur to work), this was not accident-related.
Accordingly losses flowing from the termtion of CL's Easy Jet role are not
accident-related.
G) There are suggestions that CL' s headaches may result from over-medication.
Insofar as this is the case, they ought to be reversible, thereby enabling CL to
resume piloting and avoid furter loss. Similarly, treatment may bring a resolution
to CL's headaches. DEF notes CL's comments to EasyJet in pre-termition
meetings about the possibility of him retwning at some point in the futw-e. 4

Motivation to find a suitable alternave role and/or to continue flying

(k) CL has openly acknowledged the effect of the insurance policy taken out the year
before the index accident. Whilst DEF cannot offset the amounts CL has received,
CL has at all times remained under an obligation to mitigate his losses. In failing to
pUISUe alternative roles since 2015, CL has failed to discharge his duty to
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mitiate. At trial DEF will explore the combined effect of family pressures, pre­
accident rostering issues and their impact, inconsistent reporting of symptoms, and
the combined effect of the insurance policy safety-net and ongoing litigation,

3
For example, on 16/4/15 CL complained of ''felt exhausted, missed 4-5 at least radio calls and struggled to
stay awake an approach". The explanation, as pre-accident, focussed on rostering issues, rather than any
allegedly accident-related symptoms. Again on 11/5/15 CL cited "Generally really shattered due to consecutive
long days from early morning duty" for his difficulty concentrating, silly mistakes and missing several radio
calls. On 26/7/15 CL complained again of "Fatigue due to many deep nights of flying", citing " ... EasyJet who
has not got enough staff in EVERY department to operate their flights/II/". This pattern continues, with long
consecutive flights repeatedly being blamed for CL's tiredness.
4 See the notes of the meeting in October 2016.
5 The October 2016 meeting records CL as "happy with termination of my contract" and email correspondence
in the same month shows CL "wanting to take time" rather than pursue alternative roles more actively.