A man seeking nearly £700,000 in damages after being injured following an accident at work has today spoken of the “profound impact” it’s had on his life.
Francis Murphy, from Ayrshire, is “unlikely” to work again after being injured at an abattoir.
The firm at the centre of the case is Dunbia (UK) Highland Meats, who own plants across the UK.
Following the accident, Mr Murphy received a voluntary payment of £40,000 and an award of £10,000 interim damages in April 2022.
Interim damages are sums secured from the other side to help deal with immediate and urgent costs faced by the pursuer, such as rent/mortgage, medication or utilities bills.
This is commonly seen in cases where the injured person is no longer able to work and can’t meet these costs on their own.
Mr Murphy’s legal team then sought a further payment of £30,000 in interim damages, arguing that Mr Murphy’s ‘change of circumstances’ merited a further payment.
However, during a Court of Session hearing in Edinburgh last week the motion from Mr Murphy’s legal team was denied by Lord Lake.
In a written judgement Lord Lake said: “The principal issues at the hearing were whether when taken with the sums already paid, the sum sought was more than a reasonable proportion of the damages that might be recovered by the pursuer (Mr Murphy) and whether there had been a change of circumstances since the date of the previous award, giving rise to an entitlement for the pursuer to make a further motion.
“I refused the motion on the basis that there had been no such change of circumstances.”
The details surrounding the accident, where and when it took place — and the extent of Mr Murphy’s injuries — have not been disclosed, as the case is ongoing.
However, in a statement Mr Murphy said: “The accident had a profound impact on my life and right now I need to focus on my ongoing treatment so I don’t wish to discuss anything while my case is ongoing.
“However, I would like to thank all my friends and family for their support but for now I wish for my privacy to respected as I focus on the future.”
Digby Brown Solicitors in Ayr are pursuing Mr Murphy’s damages claim, which totals £683,701.17.
Darrell Kaye, Partner at Digby Brown in Ayr, said: “We acknowledge the opinion issued by the court, however, as the case is still ongoing it would be inappropriate to comment further.”
Dunbia Highland Meats have not responded to our request for comment.
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