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Fictitious (Wetherby) Company
4 York Road
5 October 2016
Richard Ripon v You
Assault at Work on 21 November 2102
We are instructed by our above-named client, regarding a claim for personal injuries, suffered in an assault at work on or about 21 November 2102.
Our client considers that the injuries occurred through your negligence and/or breach of statutory duty and he claims damages accordingly.
Please find enclosed an additional copy of this letter for you to send to your insurers. You must refer the copy letter to your relevant insurers, at your soonest. If you do not do so, then this may impact upon your insurance cover and/or the conduct of any potential legal proceedings.
Please note: this is a letter of claim for a personal injury claim, sent in accordance with the Pre-action Protocol for Personal Injury Claims. At this stage, therefore, matters which arise will be dealt with under that Protocol. We trust your insurers will reciprocate by meeting their obligations under the Protocol.
We should like to deal with liability promptly. Once liability is conceded, we hope that it will then allow us to enter negotiations on quantum and explore the possibility of settlement. If liability is not accepted, and/or you blame anyone else for our client’s injuries, please provide full details so that we may consider your position and take our client’s instructions.
This letter only provides a summary of the factual matrix of this claim, and the reasons why it is that you are liable for our client’s injuries. This summary, however, should not be taken to be complete recitation of the facts, and we reserve the right to amend the claim in due course, should we be instructed to do so. Should court proceedings be issued, then we reserve the right to fully plead the claim as we see fit, without reference to this letter of claim.
Circumstances of the Assault at Work
We are instructed that our client was employed by you as a Warehouse Operative for around 12 months before the attack. On or about 21 November 2102, we understand that during the afternoon break, between 15:00 and 15:15, a group of workers were allowed to play football by way of recreation. Football matches occur frequently.
Shortly afterwards, at approximately 15:45, when work resumed, our client’s line manager, David York, became aggressive and violent towards our client. This was witnessed by our client’s colleagues, Amy and Rachel. Thereafter, whilst our client was seated, David York began swearing and acting in an extremely hostile manner towards our client. Our client did not retaliate because the abuse was being meted out from his line manager. David York threatened to beat up our client, and our client knew that David York had previously been violent at work towards our client’s peers. We consider that David York was violent during the recreation period and continued his violent episode thereafter and in the full knowledge and acquiescence of your company.
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