Mattis v Pollock (t/a Flamingo's Nightclub), Court of Appeal - Civil Division, July 01, 2003, [2003] 1 WLR 2158,[2003] IRLR 603,[2004] PIQR P3,[2003] ICR 1335,[2004] 4 All ER 85,[2003] EWCA Civ 887

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Mattis v Pollock (t/a Flamingo's Nightclub), Court of Appeal - Civil Division, July 01, 2003, [2003] 1 WLR 2158,[2003] IRLR 603,[2004] PIQR P3,[2003] ICR 1335,[2004] 4 All ER 85,[2003] EWCA Civ 887

Case No: B3/2002/2324

Neutral Citation Number: [2003] EWCA Civ 887

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM HIGH COURT,

QUEEN'S BENCH DIVISION

His Hon Judge Richard Seymour QC

Royal Courts of Justice

Strand,

London, WC2A 2LL

Tuesday 1 July 2003

Before :

LORD JUSTICE JUDGE

LORD JUSTICE DYSON

and

MR JUSTICE PUMFREY

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Between :

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(Transcript of the Handed Down Judgment of

Smith Bernal Wordwave Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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Paul Rose QC and Timothy Meakin (instructed by Leigh, Day and Co) for the Appellant

Benjamin Browne QC and Roger Harris (instructed by Davies Lavery) for the Respondent

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Judgment

As Approved by the Court

Crown Copyright ©

Lord Justice Judge:

1. This is the judgment of the court.

2. This is an appeal by David Mattis from the decision of His Hon Judge Richard Seymour QC, dated 24 October 2002, dismissing his claim against Gerard Pollock for damages for personal injury and consequent loss sustained on 1 August 1998.

3. The essential facts are stark. At about 1.40am on 1 August 1998, Mr Mattis, a self-employed carpenter, aged 40 years, was stabbed by a doorman employed at a nightclub called Flamingos, Stephen Cranston. His spinal cord was severed at T11 level, rendering him paraplegic and devastating his life. On 26 March 1999, Cranston ...

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