Joshua Hedgman has been instructed in a High Court pensions claim which had been proceeding in the Queen’s Bench Division.
The Claimant had worked for a public sector employer when he sustained injury in a road traffic accident causing serious cognitive deficit. He was dismissed from that employment and duly brought proceedings in the Employment Tribunals for unfair dismissal and disability discrimination. Those proceedings were compromised on the basis that the employer would support the Claimant’s application for a disability pension with significant enhancements.
In the event, the employer did not support the Claimant’s application and later argued that they were only obliged to assist the Claimant in obtaining the early payment of his standard pension entitlement. The Claimant therefore sued for breach of contract, misrepresentation and mistake.
The issues went to the construction of the settlement contract and the extent of the Claimant’s lost chance given that a third party pensions provider was responsible for determining applications for the enhanced disability pension. Expert forensic accountancy evidence was also called to value the difference between the standard pension and the enhanced pension.
The parties were trial ready and awaiting a listing when a joint settlement meeting (JSM) was scheduled. Joshua conducted that JSM and, shortly afterwards, a favourable settlement was achieved.