Page 49 - Bundle for MF Final

Bates no 048

Negotiations
14. CL comes to this negotiation with a large pleaded case and only his own medical
evidence to hand. Even on that basis, his medical evidence, coupled with available
documents, provides only equivocal support for his core claims. DEF's evidence, once
all disciplines have reported and all relevant disclosure been considered, is expected to
conclude that CL cannot reasonably attribute the cessation of his EasyJet role to
the index accident. On that basis, his claim will be worth a very small fraction of its
pleaded value. This scenario must be factored into negotiations, alongside the
realistically reduced quantum that would in any event flow from evidential testing of
CL's pleaded claims and any line-by-line assessment of the quantum issues.

15. Notwithstanding DEF's primary case as set out in this Position Statement, DEF
acknowledges that CL has suffered injuries, and recognises that his case is that their
consequences are more substantial than DEF contends. DEF approaches the JSM with
a genuine desire to explore settlement at a level that fairly reflects the parties'
competing cases, albeit influenced by the anticipated strength of the medical evidence,
as supported by the objective documentation.

JAMES ARNEY

Temple Garden Chambers

th
7 March 2018