Sarah Mawdsley

Partner - Occupier's & Public Liability
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Sarah Mawdsley is a Partner at Express Solicitors. Initially joining the firm in June 2007 as a Litigation Assistant in the New Client Team, Sarah became a Litigation Executive with her own case load in 2008 and subsequently gained her training contract in 2009. In 2010, Sarah qualified as a solicitor and she became an Associate Solicitor a year later. In 2012, Sarah was appointed a Partner of the firm.

Sarah specialises in Occupiers and Public Liability claims but also handles tenant/landlord cases, Product Liability cases and sensitive claims involving infants. Sarah intends to progress her legal career with Express Solicitors and shows all the qualities that are important at Express.

Renowned for dealing with claims swiftly and effectively, Sarah is also an exceptional communicator and is adept at speaking in non-jargon when discussing the minutiae of a case with a client. As with many at Express Solicitors, Sarah has been active in the Access To Justice campaign.

Sarah has achieved Law Society Accredited Solicitor Status.

Recent Noteworthy Cases

Recent successes for Sarah include obtaining a £17,500 settlement for a client injured after a slip on a wet hospital floor as well as £2,750 for a victim of carbon monoxide poisoning.

Sarah hails from Swinton and in her spare time she enjoys spending time with her friends, keeping fit and leading a healthy life. She attends the gym at least three times a week and completes circuit training, kettlecise, and Insanity workouts!

Sarah’s favourite quote comes from word-renowned American businesswoman, Estée Lauder: “I have never dreamed about success. I worked for it.”

In The News

Quantum Report on Starling V Merlin Entertainment published in Lawtel October 2017

STARLING v MERLIN ENTERTAINMENT (SEA LIFE) (2017)

Total Damages: £50,000 (£51,248.14 RPI)

PSLA: £20,000 (£20,499.25 RPI)

Trial/settlement date: 28/2/2017

Type of Award: Out of Court Settlement

Court: Out of Court Settlement

Age at trial: 42

Age at injury: 39

Sex: Female

The claimant, a 42-year-old woman, received £50,000 for the fracture to her arm sustained when she fell at a sea life centre owned by the defendant in August 2013, although liability was disputed. She fractured her right radial head, suffered soft tissue injuries and post-traumatic stress disorder and broadly recovered by 17 months after the accident, except for pain in her elbow.

Occupiers’ Liability: On 21 August 2013, the claimant (C) fell whilst at a sea life centre owned by the defendant (D). C had been walking towards a lift but, due to the lighting being subdued, she did not see a ramp sloping inwards. She fell forwards, put both arms out and landed heavily on her wrists and knees. C was 35 weeks pregnant at the time.

C attended hospital and was treated for soft tissue injuries to her arm and shoulder. She was later diagnosed with a fracture to her right radial head.

C sustained injury and brought an action against D alleging that it breached its statutory duty under the Occupiers’ Liability Act 1957 s.2, specifically failing to take any or any reasonable care to see that C would be reasonably safe when using the premises as a customer.

Liability disputed.

Injuries: C suffered a fracture to her arm and soft tissue injuries to her knee and shoulder.

Total injury duration: 17 months

Effects: C was still suffering with pain six months after the accident so was referred for an MRI, showing a 10mm wide osteochondral injury of the capitellum with unstable fragment.

She was also dazed and shocked and suffered post-traumatic stress.

C experienced a clicking sensation in her right elbow and difficulty straightening that elbow.

C recovered mostly from her symptoms by January 2015, according to an expert’s report, except for a persistent pain in her right elbow.

C underwent three sessions of physiotherapy and took two to four analgesic tablets per day when the pain was severe.

Following the accident C experienced difficulty with heavy lifting and looking after young children. She also experienced difficulty standing and sitting for long periods of time and sleeping.

Prognosis: it was possible that surgical intervention would be required in the future, or C’s expressed preference for shockwave treatment, which would provide a 50% chance of significant improvement. There was also a 20% possibility of C developing arthritis in the future.

Out of Court Settlement: £50,000 total damages

Background to damages:

C’s counsel advised that damages were likely to be awarded between £57,780 and £73,680 and confirmed that the court was more likely on the balance of probabilities to accept C’s version of events. The case settled at a figure lower than expected on an economic basis.

The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant’s counsel:

Breakdown of General Damages: Pain, suffering and loss of amenity: £20,000 plus interest; Future losses: £33,045.

Simmons v Castle [2012] EWCA Civ 1288 10 per cent uplift: applied

Breakdown of Special Damages: £5,970 plus interest.

Myles Jackson instructed by Express Solicitors (Manchester) for the claimant.

This Quantum Report was provided courtesy of Sarah Mawdsley of Express Solicitors, solicitor for the claimant.

 

An article by Sarah Mawdsley has been published in the Association for Personal Injury lawyers PI Focus magazine:

‘To PADA or not to PADA’ – Sarah Mawdsley – PI Focus

Sarah Mawdsley Achieves Law Society ‘Accredited Solicitor’ Status 

http://www.expresssolicitors.co.uk/news/sarah-mawdsley-achieves-law-society-accredited-solicitor-status-9194

Express Partners Attend SIA Awards 

http://www.expresssolicitors.co.uk/news/express-partners-attend-spinal-injury-association-awards-8968