Bexhill man awarded £322,628 by court

Plant driver, Christopher Ivan Ellis, 40, was working for the Environment Agency at Pevensey Bay when the first of his repeated misfortunes struck as long ago as June 1998.

A protective shutter he was removing from a heavy piece of machinery was caught by the wind and Mr Ellis, of St Andrews Road, tumbled about eight feet to the ground.

The accident left him stricken by back pain and, after his back gave way, he lost his footing whilst going down stairs at his home in April 2000.

The consequences of the fall down stairs were even more serious than the initial back injury. He was left with long-term disabilities by a complete rupture of his anterior cruciate ligament.

The formerly keen sportsman had to give up playing football and squash, he was incapable of DIY and gardening, and faced uncertainty on the labour market.

The Environment Agency did not dispute liability for the initial accident and, earlier this year, Judge Hollis, sitting at Hastings County Court, awarded Mr Ellis 290,404 damages.

The Agency challenged that decision at the Appeal Court, arguing that Judge Hollis had been wrong to rule that the 1998 accident was a "material cause" of Mr Ellis's fall down stairs two years later.

However, Lord Justice May, sitting with Lady Justice Hallett and Lord Justice Lawrence Collins at London's Civil Appeal Court, today dismissed the Agency's appeal.

Far from cutting the Agency's damages bill, the judges increased Mr Ellis's payout to 322,628 after ruling that Judge Hollis had been wrong to deduct 10% from his award on grounds that a pre-existing back condition would have eventually laid him low in any event.

Mr Ellis's cross-appeal on that issue was allowed by the court and the Environment Agency will now also have to pay the substantial legal costs of the case.