Kavanagh QC (1995) s02e05 Episode Script
A Stranger in the Family
1 (Gulls Screech) Baxter! (Music through headphones) Baxter! (Metallic grinding) Mr Pearson! Mr Pearson! David? The lever's proud in that bottom container.
It'll shear off if he drops the next one in.
- I want to talk to you, Mr Dale.
- What's he hanging about for? There's a door lever proud on the loaded one.
- Fix it and get it out of here.
- I want to talk to you.
We've got a Health and Safety inspection at 3.
- That's why I want - Fix it, Lomax.
I want this place running like clockwork this afternoon.
Wait till I've switched it off inside.
- I want to talk to you! - Sing a different tune, Pearson.
I'm the safety officer, Mr Dale.
(Machine whirs to a halt) What's going on? There's a hatch open on the barge.
Won't take a minute.
I'm not clever enough to do that.
Just do your own job, Pearson, and be glad you've got one.
Get back up there and switch on.
Agni Arrgh! Oh.
my God.
no! What kept him? I thought he'd be off.
It ain't my fault! I mean, what's he doing out there? It ain't my fault! Oh.
Please sit down.
David has extensive injuries to the upper right side of his body.
Multiple fractures, possible spinal damage, and we're a little worried about the head injury.
He's going to be all right, isn't he? He's only been here half an hour, Mrs Lomax.
I can't be more specific now.
We're not trying to hide anything from you.
(Monitor beeps) Why'd he do that? What's wrong with him? Why won't he look at me? Suddenly, I've discovered friends I didn't realise I had.
I was bearded in Stillingfleets last night.
Had my ear bent by five juniors I've never met before.
The word's out that Julia's leaving.
I suppose we should replace her.
We don't have to.
We could advertise.
If we wanted someone.
Well, it's better than interviews in wine bars.
Of course we could always make someone an offer.
Headhunt, you mean? Well, they'd be a known quantity.
It is accepted practice, Peter.
Not theft.
There might even be someone who's taken a couple of years off.
- Well, we'll talk further.
- Mm-hm.
- Good morning.
- Morning.
Morning.
What are you doing here, Mr Haslam? - Miss Piper's handling my personal injury.
- In a manner of speaking.
I haven't done one of those for 20 years.
Miss Piper's looking for a leader.
Or has the old fire gone out? (Whispers) I want you, please.
I'm not free, am I? Well actually, sir 20 years! Well overdue, then, Mr Kavanagh.
You've done this work before.
Not a brain injury.
The claim is £750,000.
The last one I did involved a rogue Yorkshire terrier.
Ooh.
Well, it might be a challenge for you, then.
It's High Court, red judge, no jury.
The insurance company will offer an ostensibly large, but totally inadequate, sum and the parents will settle.
You don't need me.
I'm a criminal hack.
Might be the last time we work together.
Did Martin Haslam teach you that? What? Blackmail is a very dirty word, even if you put "emotional" in front of it.
(Ship's horn blasts) What type is it, David? Had enough? You're not helpless.
That looks fairly distressing.
Personal injury.
Brilliant student of marine engineering.
Almost crushed between two barge containers at his holiday job.
It's one of Martin Haslam's cases.
He sends his love.
Is he still a Trot? He was wearing a Paul Smith suit, so I suppose he must be.
(Motorbike pulls up) Don't go spare, Jim.
Vanessa just gave him a lift home from the pool.
Who's this Vanessa? She trains with him.
He says she's strange.
Hi, Dad.
Um, this is Vanessa.
Here you go.
See you.
You know what we've said about motorbikes.
It's only a two-mile ride from the pool.
Vanessa's a swimmer? Er, diver.
She lives on nuts and seeds.
She does very well on them.
She wants to be a stunt woman.
I can't imagine much that'll get in her way.
Interesting girl.
- Yeah, she's strange, Dad.
- Nice bike, though.
It's OK.
You had bikes, Dad.
You know how draughty they can be.
Don't worry.
I'll just go back and finish reading about a boy with his head bashed in.
My son riding on the back of a bike at 90mph will not cross my mind.
NO We haven't got the other side's medical reports.
No, David's got an appointment while he's down here.
They couldn't complete the tests last time.
He kept ramming people.
Bit of a handful, the boy David? (Sighs) What do you feel about this case? Generally, I mean.
Like a criminal hack doing a personal injury case.
A good advocate can handle anything.
Who told you that? Some old criminal hack.
David, this is James Kavanagh.
Mr Kavanagh's going to represent you.
Miss Piper will be helping him.
David's parents, Gina and Sam Lomax.
- James Kavanagh QC, Julia Piper.
- It's the scenic route, I'm afraid.
The lift's just along here.
It was better to eat alone.
The people at that place used to get so bad-tempered.
I don't remember anything after that.
You won't be expected to say anything more about the accident in court.
That's fine.
(Laughs) There are two distinct areas to deal with in your case.
The first is the issue of liability.
Whose fault it was that David was injured.
- He doesn't remember.
- There aren't any witnesses to back him up.
Mr Kavanagh will deal with this.
- You have to listen to him.
- Shh! The defence will try to prove that David was responsible for his own injuries.
We do not accept that.
The second area of the case is the care claim.
Exactly what David needs and how much it costs.
The defence will bring in medical experts.
They will try to prove that David is a charlatan and you are overprotective, greedy parents.
Now, I believe you were offered £50,000 and sensibly rejected it.
I don't mind questions, Mrs Lomax.
I just want to get that first bit clear.
If they offered money, doesn't that mean they think they're going to lose? I'm afraid not.
Sanctuary is an insurance company.
The offer is almost a policy against losing.
If they do.
their costs will be a lot more than £50,000.
What are our chances, Mr Kavanagh? At this stage, I think 50:50.
Now, let's look at what you might be saying in court, Mrs Lomax.
Could you describe your days for us? Your normal routine? Well, um We get up.
We clear up what David has broken during the night.
We wash him.
dress him I can dress myself.
Yes, sometimes you can.
Always! I dressed myself this morning.
You had your socks on your hands.
Have you had a holiday from this care in the last year? What would we do about David? We might want to lock him in a cupboard sometimes I'm so broke anyway.
Do you not have any other relatives who could help? David's grandmother was our last relative here.
She died three years ago.
Perhaps we can look in detail at the geography of the site.
All three defence witnesses will say that they were inside the main building when David went out onto the barge.
KAVANAGH: Is there a sight {me from the interior control booth to the barge dock? - Nana died? - Yes, sweetheart, we told you.
Remember? Er.
no.
you have to be almost on top of the entrance before Why didn't you tell me? We did tell you, sweetheart.
You just forgot, that's all.
- Ow! - Sorry.
He has retrograde amnesia.
It's Whole chunks of his life before the accident, he has trouble relearning them.
Maybe we should take a break for five minutes.
I'll get Tom to bring in some sandwiches.
(Banging) Open the door, Mr Kavanagh.
I'll go out the direct route.
That'll solve the problem.
(Sighs) Why do I have to do this? You know the answer to that.
I love my mum and dad.
What's going to happen to them? I don't remember anything.
Mr Kavanagh.
- How can we win? - We have one major advantage.
The fact that they have three witnesses.
That's three different perceptions of what happened.
Three chances to make a mistake.
But it won't be easy.
And you have to help.
(Murmur of conversation) So what do you suggest? I suggest we have another go at it and I'm sorry I'm late, Mr Gosling.
My wife wasn't well.
Not quite in sync with the rest of us, are you, Mr Pearson? Bit like your witness statement.
Well, now you're here, let's have another go at it, shall we? The point is.
you don't tell them any more than you have to.
OK? Where do the barges unload? Where do the barges unload, Mr Dale? Mostly out at the Essex marshes.
Some goes over to Belgium.
Especially the toxic stuff.
OK? Are we defensive or what? "The chirpy young lad walked jauntily along the orchard path.
" (Whispers) This is garbage.
"Now.
he thought to himself, I am a very" Lucky boy? You knew that didn't you? Yeah.
I just didn't want to say it.
Now, that there is the booth where Mr Pearson and Mr Dale were.
Nice and new.
Tom? Tom.
Tom.
I just don't feel it's a case where my strengths can come to the fore.
I have to consider what's right for me.
Maybe you ought to consider that if you turn down any more work, sir, the legal profession will come to the conclusion that you're dead.
Tom.
Tom.
Am I simply a function, Tom? Am I not allowed a little discernment? Sagacity? Judgment? Am I just a tool, Tom? You've never been that fussy in the past, sir.
Maybe this is the new Jeremy Aldermarten, Tom.
And a lot of people might say "about time".
- That time of year again, isn't it? - Beg your pardon, Miss Piper? Nose starts twitching, he can't stop shrugging.
He's applied for silk again, hasn't he? I couldn't betray Mr Aldermarten's confidence, Miss Piper.
But if he had, and of course you couldn't betray that confidence, what sort of odds might you be offering against him getting it? - Hypothetically? - Hypothetically, of course.
Hypothetically, 6-4 on.
I'm afraid Mr Kavanagh took the last of the even money.
Ready? You'd better book an hotel for the Lomaxes.
Wheelchair access, please.
And view of the river.
- Might rake up a few painful memories.
- I rather hope it might.
I'll be right there.
How's the baby, Helen? She's four.
She's fine.
No longer in need of constant attention.
- You'll be having lunch with Peter, then? - There's no space at my old chambers.
I want to work again.
Are there any peasants left to execute? You always did make me feel as if I'd betrayed my class.
PETER".
Sorry about that Helen.
Ah, James.
You two know each other? We've waved at each other from opposite sides of an argument.
I've booked.
Shall we? (Mouths) Just a chat.
Whats the matter with it? I can give you an hour, Mr Kavanagh.
And I can't guarantee my attention will be undivided.
We just want to chat about your evidence.
Dr Walsh.
The defence are claiming that David has only minor cognitive impairment.
- I'm sure you'll have plenty to say about that.
- Yep.
They're wrong.
And back.
(David laughs) Mr Kav It's OK, David.
It's all right.
- I've got you.
It's all right.
- She's very good with him.
She'll grow old and tired very quickly without money and support.
Well, that's why we're here, isn't it? You can sit down with David and talk about quantum physics for five minutes, maybe ten.
Then ask him if he wants a cup of tea and he might not know what it is.
His reading and comprehension tests for the other side were very good.
What was the text? Postman Pat or Shakespeare? He can have trouble with Postman Pat.
I'm worried about you putting him on the stand.
I'm afraid his distress could be our evidence.
I'm worried that he'll enjoy it.
He responds to stimulation.
Usually.
I'm concerned that some silver-tongued defence counsel will make him seem quite normal.
We can't keep David here much longer.
Is there nothing else you can do? Oh, of course there is, but he's physically static.
He's almost manageable.
There are 58 major head injuries a day in this country.
Over 21000 a year.
Someone will come along in a worse position than David and then I'm trying to be friendly, do you know what I mean? I wouldn't be friendly.
He's an extraordinary boy, isn't he? - They all are, Mr Kavanagh.
- No' - No! No! - Please calm down.
- Calm down.
- No! Except when they're violent, obnoxious and abusive.
That's what we need to talk about, isn't it? (Screaming) No' No' No-o-of Calm down.
No! No! You were a long time.
I felt grubby.
Sanctuary Insurance, Helen Ames putting her foot in the door at River Court.
How is she? As ambitious as ever.
(Sighs) David Lomax should not have to go to court.
We, as a society, should not put him through this.
- You said they'd settle.
- They'll offer.
And the Lomaxes will probably accept less than they need because they're tired and desperate and they don't want to go through this either.
I'm sorry.
I don't mean to bring it home with me.
Well, the good news is that Vanessa's getting rid of the bike.
Oh, thank heavens.
I've spent half the day surrounded by people injured in road traffic accidents.
But what? Even though you had one? You're not having a motorcycle, and I don't care how much of your own money you've saved.
The insurance wouldn't be that much.
We can't insure your brain.
You had an AGE 8550.
That's a precedent.
isn't it? Yes.
And that's how the law works, isn't it? Yes.
- I rest.
(Lizzie chuckles) A precedent does rule until a better one comes along.
You have the privilege of remoulding family law.
You are that new and improved precedent.
You cannot have a motorcycle.
Goodbye.
I know James has objections to Helen Ames.
- I didn't say that.
- But consider what she brings us.
A whole raft of corporate clients, undeniable.
And we could all benefit.
But is that the kind of work we want to attract? Personally, I wouldn't want to act for the other side in the case I'm doing at the moment.
- She's not like Julia.
- She's about the same age.
I find Helen a little a little a little smooth and and hard.
Whereas Julia Julia is more sympathetic.
- I agree.
- Actually, I don't mean sympathetic.
- No.
- No.
I mean more um more simpatico and er consummately professional.
But never never sharp.
Never losing her um - Fluffiness? - Humanity, James.
Would old rivalries stop you working alongside her, James? It's not rivalry! I'm not sure we're right for her.
She's corporate law.
Henley and Ascot.
"Meet me at my club.
" Typical of working class made good.
Thank you, Jeremy.
She'll take silk, of course.
That's the only indication of a person's merit, is it? - No.
- No.
No.
I did ask her in.
But I think I'll postpone the decision for a while.
Broke and entered.
Sorry.
I thought we could be civil to each other.
Peter's head of chambers.
He mentioned your name 20 times over lunch.
I don't go for the hard sell, Helen.
No.
Neither do I.
I don't need to sell myself, I'm too good.
But River Count is buying.
It works both ways.
You can get in somewhere.
I want to come here.
I want a challenge.
Are you accepting clients without "PLC" after their names these days? Look, Peter won't take anybody on without your approval.
I just want to know if your residual prejudice is going to block me and I won't waste my time, OK? Maybe having a baby and five years off can change a person.
How would you know? You haven't even talked to me.
May I be of any assistance, sir? Er These These suits - They're for silk, sir.
- Oh.
Are they? Of course.
Um How much would would er Oh, my goodness.
Taking silk is an important occasion sir.
Yes, of course.
Yes.
Quite right and proper, too.
Um How long would it take to um - Alter them, sir? - Yes.
There are only two weeks between announcement of new silks and the ceremony.
We have some experience in altering them quickly.
Would sir care to try a jacket? Try one! Yes.
Er Um Why not? Is sir expecting elevation? Me? Well, one makes an application out of a sense of obligation almost.
Who can predict what criteria are used to decide these matters? Skill and experience, I believe, sir.
I think this is rather a good fit.
Don't you? Like a glove, sir.
I'm sure all the signs at East Bankside went up half an hour before the Health and Safety inspectors arrived.
A Mr Haslam and Mr and Mrs Lomax are here, sir.
And we have a judge for you on Monday.
Mr Justice Swarbrick.
Swarbrick's not that bad, is he? That story about Solomon and the two women fighting over the baby Swarbrick would have chopped the kid in half first to save court time.
(Julia chuckles) And then there's George Crosby.
Leading for the defence.
- Friend of the judge? - Well, Eton's a big place.
There's a chance they never met.
Good afternoon.
Is there no David? He's gone out with his friend Lewis.
Oh.
Well, I did expect he'd be here.
He slept for 20 minutes last night which means we slept for ten.
We hadn't got the energy to drag him here screaming.
Well, it's not essential.
Now, Miss Piper's got the care costs itemised.
She'll run through that with you.
I've just got a couple of questions and then you can try and enjoy your weekend.
Now Yes.
David's medical records say that he developed hepatitis B in hospital.
Now.
that's usually contracted through sexual intercourse.
Did he have a regular girlfriend? - No.
- What has this got to do with the accident? Probably nothing but the defence might try to brand him as promiscuous and irresponsible on the back of it.
- We can deal with that.
(Phone rings) Kavanagh.
Haslam.
Yeah.
Yeah, I understand.
We'll get back to you.
250,000.
And their office is closing at five o'clock.
Now it is essential that David is here.
We don't need him.
I want to take the money.
David is the plaintiff, Mrs Lomax.
He has to take the decision.
And supposing we end up with nothing? Are you going to come round and wipe his backside? I don't think so.
I hope to win your case.
I'm sorry, Mr Kavanagh.
We're both very tired.
It may sound like a lot of money It is when you've got nothing.
It's a third of our claim.
David could live another 50 or 60 years, stubborn little sod.
What happens when you're not here any more? - What have we done to deserve this torture? - Nothing.
Bad things happen to good people all the time.
Look, we can get a cab It's no good, Martin.
I know what David would say.
He's developed this unshakeable faith in Mr Kavanagh.
- He thinks we can't lose.
- I hope he's right.
But you're not certain, are you? I've got to go soon.
You are coming back? Yeah.
(Doorbell rings) - You won't be gone long, will you? - No.
How is she? Not too clever.
Bye.
love.
We'll see you right.
Don't worry.
Well, this is fairly straightforward, don't you think, James? Nothing firm on either side.
We spit at each other a bit and then settle.
We didn't think much of your last offer, George.
Ah.
Well, we can bump it up to 300.
Save us the bother of going in at all.
Won't cover loss of earnings.
He's never had a proper job.
They won't accept.
Run it up the flagpole.
We have three well-behaved witnesses, James.
You think so? We might start listening carefully at half a million.
(Chuckles) Are you serious? Why don't you try them? They've offered 300,000.
We're worth more than that.
CLERK: Court.
rise.
May it please Your Lordship.
In this matter, I represent the plaintiff.
Along with my learned friend Miss Julia Piper.
And my learned friends Mr Crosby and Mr Manzi represent the defendants, Sanctuary Insurance PLC.
I trust Your Lordship is familiar with the pleadings in this case? I am.
I hope you'll stick with them, Mr Kavanagh.
Certainly, my lord.
My lord, this case centres on two issues.
We don't need a lengthy opening, do we.
However eloquent? Let's just press on.
As Your Lordship pleases.
David suffered numerous physical injuries.
Which I listed in my statement.
The most serious were the damage to the spinal column.
Which resulted in the lower-body paralysis, and the traumatic assault on the brain.
But the main culprit was a haematoma which caused severe pressure to the frontal lobe.
It was removed at the hospital but has caused damage to brain tissue.
Can you tell the court, briefly, of the psychological effects David has suffered? Personality change, problems with short-term memory, some retrograde amnesia, loss of initiative.
Occasional extreme emotional distress.
Cognitive impairment.
Most of the higher brain functions are affected in some way.
KAVANAGH: David was a unversity student of marine engineering.
Would you judge it likely that he might be able to resume those studies? He has trouble concentrating on the simplest tasks, so, no, I wouldn't.
Thank you, Dr Walsh.
David Lomax recorded perfect scores in the reading and comprehension tests, didn't he, Dr Walsh? In those tests, on that day.
But in those tests, on that day, he displayed no indication of er cognitive impairment.
- Correct? - Yes.
Dr Walsh, you said that David suffered a personality change.
How is that manifested? He has rages.
Fits, almost.
He can be rude and abusive quite suddenly, unpredictably.
And he needs constant stimulation or he can just relapse into a kind of torpor.
Depression is common in people who have suffered debilitating physical injuries, isn't it? - Yes.
- So the torpor could just be depression.
It's a kind of depression yes.
But he can read? At times, perfectly.
He could have read about the psychological effects of brain injuries, couldn't he? He has.
I encouraged him to.
David Lomax could be making up these psychological problems, couldn't he? He doesn't have that much control.
I wish he did.
I wish all my patients did.
None of them have enough control to lie that effectively.
I largely agree with what Dr Walsh has said about his physical injuries.
But his cognitive powers were perfectly normal.
His communication and comprehension skills were adequate and [judged him to be aware and capable of perceiving threat to his physical being.
Thank you, Dr Marsh.
Why did it take two days to complete the tests on David Lomax? Ah, because it couldn't be completed on the first day because Mr Lomax became uncooperative.
How? Verbally and physically abusive.
How was he physically abusive? He ran over my foot.
(Laughter) That must have been uncomfortable for you.
You've heard Dr Walsh state that the extent of David Lomax's cognitive impairment fluctuates.
Yes, well, I can't confirm that.
His manner seemed to be calculated and consistent most of the time.
Most of the time? Well.
all of the time.
You don't have to get brain damage to be rude.
How long did you spend with Mr Lomax? I've already told you - two days.
48 hours? Well no, of course not.
On and off throughout those two days.
On and off.
these tests took a total of about two hours.
- Yes, that's the test themselves, but - So you are only in a position to state that David Lomax displayed no cognitive impairment for two hours on the 8th and 19th of April, yes? He completed standard cognitive tests satisfactorily.
If he was so calculating why didn't he fail them? I'm not a mind-reader.
(Door opens and closes) Thank you.
My lord, the defence has new evidence it wishes to submit.
In what form, Mr Crosby? A video tape, my lord.
Were you set up, do you think? No.
I wanted it.
It's not how it looks.
And you can explain this? Yeah.
OK.
This will be shown in court.
In front of your parents.
I suggest you warn them.
Can they do this? Can they spy on us like this? They can and they have.
The defence will have been watching David for weeks.
Well, what do they want to see? David crawling in the dirt and messing himself like an animal? It's not like that.
What have they filmed? Could the witness's statement be opened at er page 16? Can you read the first sentence of the second paragraph, David, please? "I have no sexual function.
" Thank you.
Perhaps we could run the video tape.
(Soundless) Can you explain what was happening there, Mr Lomax? She was called Mandy and she was from Raihham and she was 25.
You met her in Soho and you paid her for sex.
I paid her for half an hour.
- £75.
- For sex.
(Scoffs) For wishful thinking! Haven't you ever thought you could do it when you were drunk? - She was removing her clothing wasn't she? - I'm not blind.
So you paid £75 for half an hour of unclad chat? I was ripped off.
She didn't have much conversation.
And you'd still claim you have no sexual function? Desire is bloody inconvenient.
But the plumbing's not much good if you can't turn on the tap.
You must know that, Mr Crosby.
You obviously thought the tap might get turned on that evening.
I live in hope.
You speculated £75.
It was almost worth it.
Was it? I didn't buy sex.
I bought the company of a woman.
For £75.
I bought halt an hour of somebody's attention.
It was almost worth it.
Most people give me five minutes.
You get lots of attention at the Harwell Centre.
don't you? Lots of attention from Mum and Dad.
I've very little function, actually.
I used to work at a recycling centre.
Now I just recycle air.
Breathe in, breathe out - that's my function.
But you'd like to do more, wouldn't you? Yes.
Like to be a bit more independent.
Yes.
You can dress yourself, can't you? Yes.
Wash yourself? Read? Write? Do you think you're capable of some productive work? Five minutes.
usually.
Then I see them.
Looking for excuses to get away.
They think I don't notice There's lots you could do if Mum and Dad didn't worry so much.
If they didn't insist on doing it all for you.
You don't want that do you? No.
What son of thing do you think you could do? David? What do you think you can do? Breathe in, breathe out.
DAVID: No-one pays you for War I can make people cry.
I'm sorry I make you cry.
David's injuries imprison him and enslave us.
There are no other options for his care? He goes to the treatment centre for a few hours everyday.
I've had to give up my job to move closer to it.
We can't afford private nursing.
Dr Walsh has told us that David may soon lose his place at the Harwell Centre.
Are there aspects of his care you feel you're unable to cope with on your own? There's too many.
Um I try to be patient, but um There is a light in people's eyes and sometimes I see it go out in my son's.
And sometimes it dies and he disappears into the darkness and Well, then someone else comes and sits in his seat.
And he's horrible! And er it's like having a stranger in the family.
Thank you, Mrs Lomax.
David's your only child, Mrs Lomax? Yes.
I had several miscarriages before David was born.
I was very lucky to have him.
Very lucky indeed.
Almost a miracle baby, then? And you like having David at home.
Don't you? I would like him to get better but he's not going to.
Did he ever leave home? Er He didn't have any money.
The course He was living at home at the time of the accident? Yes.
but I And you feel you have to watch over him constantly? He could hurt himself.
Dr Marsh says he can perceive threats to his person.
Well, Dr Marsh didn't see him stuffing Brillo Pads in the toaster.
The truth is you over-mother him, don't you? No.
- You give him sleeping pills.
- Sometimes.
yes.
At night.
He wakes up every half an hour.
He can't show initiative because you won't let him.
- You indulge him.
- He has always been independent.
He's like a child again.
And you want to keep him that way.
Mr Crosby, please! I don't want him like this! Sometimes I look at him and I just think, "Why didn't you die?" And sometimes I still hope he'll just die.
- Mr Kavanagh.
- Leave her alone! I don't want him displayed like this in public! It's like a freak show! - Mr Kavanagh! - Leave her alone! - If that's your case, Mr Kavanagh, I will rise.
- It is, my lord.
DAVID: No' Leave her alone! Leave her alone! NO (Footsteps) Um No more post for me? Would I hide it from you, Mr Aldermarten? Nothing? Nullae? Mr Aldermarten, when it comes, it'll be in a big brown envelope with the stamp of the Lord Chancellorâs office on the front.
Unless you don't get it, then it'll be in a tatty.
Little brown envelope with a second-class stamp.
You wouldn't leave something like that just um just lying around, would you, Tom? Mr Aldermarten, am I likely to expose you to public ridicule? No, no, no, no, no.
I'm just I'm just a little bit nervous.
Ridicule, did you say? Good man, good man.
(Men laugh) - That's terrible.
- I'm sorry.
That's the best I can do.
(Men laugh) Yesterday was a little messy, wasn't it? Oh.
I've seen worse than that.
We're on to the liability now.
Any screaming and shouting today can only be in our favour.
Would you consider yourself an observant chap, Mr Baxter? 100 percent.
Did you see Mr Dale or Mr Pearson approach David Lomax before they went inside the main building? No.
Did you see anyone else approach David Lomax before you too went into the building? No.
Thank you, Mr Baxter.
Let's go back a little, Mr Baxter.
Perhaps you can confirm exactly where everybody was immediately before the power was turned off.
- I was in my cab.
- Yes.
From where you could clearly see David eating his lunch on the quayside? Oh, yeah.
Mr Dale arrived.
Mr Pearson went to speak to him and then they both went into the inside of the building.
The main power went off.
Correct? Yeah.
Then I came down out of my cab.
You went and stood just inside the entrance to the main building? Dead right.
From where you could see Pearson and Dale in the control booth on the opposite side of the interior.
And you lit a cigarette.
Why was the power turned off? Dunno.
Something got snarled up with one of the rams.
Something like that.
Happens all the time.
All the time? Well, once in a while.
Which is it? Once in a while or all the time? Once in a while.
You were inside the building - and you're an observant man- couldn't you see what the problem was? I was having a fag.
It wasn't my business.
And you didn't ask Pearson and Dale why the power was turned off? - I didn't want to get shouted at.
- They were shouting? No.
I couldn't hear.
Well, something stopped you approaching them.
You're a responsible employee.
aren't you? Yeah.
Your machine had cut out for no apparent reason.
Causing you to cease work.
No-one could have objected to you asking why.
I didn't want to interrupt them.
- Because you didn't want to be shouted at.
- They weren't arguing.
I didn't say they were.
But if you couldn't hear what they were talking about, how could you tell they weren't arguing? They weren't waving their arms about.
Were they? You don't have to wave your arms about to have an argument, do you? I do.
What was David wearing when he was sitting on the quayside? Can't remember.
- Nothing memorable? - No Not one of those luminous safety vests? - No.
- Or a brightly-coloured hard hat? No.
Ah What am I thinking? Course he wasn't.
He wasn't even in a hard-hat area, was he? No.
That starts right next to my machine.
Sorry, Mr Baxter.
Oh, be my guest.
So no hard hat.
You're sure about that? Yeah.
He was wearing one when he was on the barge.
It's in the Health and Safety inspector's report.
- When did he go and get it? - I don't know.
The shelf of hard hats is right next to the door.
You were standing there having your cigarette.
I don't remember.
Well, maybe you were distracted by the argument between Pearson and Dale.
There weren't no argument.
Mr Dale, can you tell us about your safety record at the East Bankside site? We've never had a major accident before or since.
Mr Drake of the Health and Safety Inspectorate will confirm that.
Is there a training programme on safety? Definitely.
We're most rigorous.
Every employee is fully acquainted with the safety regulations and that training is updated as new procedures are introduced.
I'm very proud of my record.
Do you know why David Lomax was on that barge? I just can't imagine.
Its just a tragic accident.
Thank you, my lord.
Tragic indeed.
But you would have done everything possible, in advance.
To avoid such a tragedy? Like I said, I'm very proud of my training programme.
How long is this programme? About a week.
And I presume you have regular safety drills, test employees? Naturally.
So, how on earth could this have happened? Well, maybe he's not as bright as he seems.
Or perhaps your training programme is not as rigorous as you make out.
Well.
if you'd like to ask Mr Drake from H and 8 about It didn't work with Mr Baxter.
did it? He was having a cigarette in a no-smoking area.
What was your argument with Mr Pearson about? Well, it was over a year ago.
How am I expected to remember that? It wasn't a day like any other, was it? It was the day your perfect safety record was very badly blemished.
It was his own fault.
What is your schedule for this afternoon, Mr Crosby? Just Mr Pearson, my lord.
Mr Kavanagh? Nothing further.
I will rise.
CLERK: Court.
rise.
Mr Pearson doesn't appear to be within the precincts of the court, my lord.
We'll give him another half an hour.
Court, rise.
(Laughs) I knew he'd come.
You liked David Lomax, didn't you, Mr Pearson? He's a nice lad.
A boy of above-average intelligence.
Trusted by you.
the safety officer.
Put through a rigorous training programme by Mr Dale.
And yet he contrives to get himself trapped between two ten-ton containers in an area to which he is strictly forbidden access.
It's a conundrum.
isn't it? Y-Yes.
Have you any idea how that came to happen? Rush of blood? I don't know.
You don't seem completely happy with that answer, Mr Pearson.
- Well we all make mistakes.
- Do we'? What was the fast one you made? What? You should be aware, you're the safety officer.
What was the last mistake you made at your place of work? Oh, I don't It was just a figure of speech.
I don't know why he was out there.
I wouldn't wish that on anybody.
I wish it hadn't happened.
Why did you switch off the power? I can't remember exactly.
Funny noise or something from one of the rams.
Mr Baxter didn't hear this funny noise inside the building, did he? I didn't ask him.
He certainly didn't see David Lomax pick up a hard hat from the shelf.
He didn't need one.
He didn't need one normally, I mean.
And why didn't he need one on this occasion? Because he wasn't going anywhere.
But he did go somewhere.
He was wearing it when he went onto the barge.
A sensible young man taking precautions.
Where did he get that hat from? Don't know.
In what circumstances other than funny noises would you switch off the power? Mechanical faults.
Anything else? You're the safety officer.
Safety reasons, surely? Possibly.
If you saw someone on the barge.
Would you switch the power off? Of course.
Would you switch the power off if you saw someone was going to be on the barge? And you'd make sure that person had a safety hat, wouldn't you? Yes.
You gave David Lomax a safety hat on this occasion, didn't you? That's why he didn't need one from the shelf.
You gave it to him because you knew he was going out there.
The problem wasn't inside the building.
Was it.
Mr Pearson? It was outside.
I'd suggest to you that the power was switched off to enable David Lomax to go out there and fix that problem.
- No, that's not true! - You sent David Lomax out onto that barge.
I wouldn't do that.
I never sent him out there.
All right.
Let's look at what happened next.
About three minutes later.
You came out of the control booth and told Baxter to return to work.
Without checking the crane or the barge.
You turned the power back on.
You're the one who had the rush of blood.
You're the one who is directly responsible for the way David Lomax is today.
I never knew he was on there.
But you failed to take any precautions before turning on the power.
Why? I don't know.
I mean.
I did I - Were you preoccupied with something else? - No, I don't think so.
- What was your argument with Dale about? - We weren't arguing.
Baxter was too scared to approach you.
Something was going on.
- Was Dale angry with you? - No.
- Did he tell you to turn the power back on? - No.
It was your decision to do that? You take full responsibility for the action that led to David's injury on the barge? I told you, I didn't think he'd be on there then.
No-one should have been on there then.
No.
You thought he'd be off there by then.
It took longer than expected.
To fix the problem.
Mr Pearson? Am I right? What was David doing on the barge? What was the problem? One of the container doors wasn't closed.
He shouldn't have gone out there.
But it's a simple job.
I've done it myself.
For some reason, this simple job took David Lomax rather a long time.
Long enough for you to forget he was out there.
Why would that be? - Mr Pearson, why? - You'd have to ask him.
You know full well David can't tell us anything about the incident.
He lost his memory as a result of it.
He should never have been out there.
Mr Pearson, why did David's task take so long? I couldn't say.
Maybe he started checking what was in the bloody thing! Why would it have detained him? Well, he'd have been looking at it, that's all.
He didn't know.
- It was a secret.
- What was? I told you it wasn't right! Mr Pearson what would David have been looking at? We do a lot of business with hospitals, health authorities - their waste.
We're supposed to treat that stuff and seal it.
Not just bung it in cheap black bags.
Because they split open.
That's probably how he got hepatitis, poor sod.
As if he needed anything else.
What exactly was in these bags? X-ray plates.
Needles, chemicals, blood, even bits of people.
We were filling one barge a day, dumping it on an open site.
Cost-cutting.
Thames Containers were dumping untreated hospital waste on an open site? I told Dale it was wrong.
That's what we were arguing about.
That's why I was distracted.
Mr Pearson, you are saying to this court that Thames Containers would rather lie about what happened to David Lomax than risk exposing its methods of dumping dangerous waste? In your evidence, you too attempted to conceal this from the court.
I had to.
Dale said the accident was my fault because I turned the main power on.
He said I could be prosecuted.
And you were prepared to accept that? He knew he had me.
My wife, she's dying of cancer.
I couldn't lose my job.
Couldn't go to prison.
Who would have looked after her? But it doesn't matter now.
She's not going to need looking after for much longer.
Mr Pearson did you tell David Lomax to go onto that barge? No.
Who did? Was it Dale, Mr Pearson? Yes.
That concludes the case for the defence, my lord.
I shall hear speeches on Monday morning.
I'll reserve judgment for two weeks.
CLERK: Court.
rise.
Well done, James.
As you said, pretty clear-cut.
Oh, don't rub it in.
Give my regards to Lizzie.
We don't understand.
Did we win? Technically.
We'll have to wait for another two weeks, but I think you can book a holiday, yes.
Thank you.
He can't even drive for another six months.
No harm in looking.
Matt? What about this one? Um It's a bit small.
- Compact.
- Like a motorbike with a lid.
- I thought you liked motorbikes.
- No, too draughty.
I liked Vanessa.
Past tense? She's getting a Harley.
I can't compete with that.
Hang on a minute.
You told me you wanted a motorbike.
Lizzie? You wave a motorbike under my nose so I end up buying you a car? - That's paranoia.
- No-one ever bought me a car! Well, you have the privilege of being part of an important new precedent in family law.
Damn! Damn! Damn! Damn! Damn! Damn! - Damn! Damn! GROUP: Hooray' I give you River Court's newest silk - Mr Aldermarten.
What?! Well done, Jeremy! You got it and now you'll cost twice as much and you'll probably never work again.
I bloody well got it! You rat, Tom Buckley! Come on.
- Well done.
- Oh, thank you, thank you, thank you.
- Well done, Jeremy.
- Thank you, James.
Well done.
I thought the jury was still out on Helen Ames.
It is, James.
Fits in rather well, though, don't you think? It seems so.
Now, James what do you really think? I think she's a very sharp advocate with a lot of good qualities.
Yes.
Clearly they haven't escaped Jeremy.
OK.
Bye.
- Miss Piper.
- Oh, yes? My only payout, I'm very pleased to say.
You bet on Jeremy getting it? Well, he'll be touched by your faith, Julia.
I must tell him.
Don't you dare, James.
Tom blinded me with science.
I thought I was backing him nor to get it.
What does 6-4 on mean anyway? (Laughs) I have, therefore, made two crucial findings of fact.
First, the plaintiff was sent out onto the barge by Mr Dale.
Second.
the machinery was switched back on without any check being made as to the whereabouts of the plaintiff.
These amount to a gross breach of the duty of care owed by the defendant to Mr Lomax and the defendant is, therefore, solely liable for this accident.
As a result of the findings I've made with regard to quantum, I propose to award the plaintiff the full amount of the damages claimed.
And I further propose to refer the question of the material on the barge to the appropriate authorities.
Now, don't you give your parents too much trouble, young man.
Let me advocate the opposite view, Mr Kavanagh.
I'm stuck with them, too! Mr Pearson.
I'm sorry about your wife.
It won't work, I'm afraid.
This one's OK.
It'll shear off if he drops the next one in.
- I want to talk to you, Mr Dale.
- What's he hanging about for? There's a door lever proud on the loaded one.
- Fix it and get it out of here.
- I want to talk to you.
We've got a Health and Safety inspection at 3.
- That's why I want - Fix it, Lomax.
I want this place running like clockwork this afternoon.
Wait till I've switched it off inside.
- I want to talk to you! - Sing a different tune, Pearson.
I'm the safety officer, Mr Dale.
(Machine whirs to a halt) What's going on? There's a hatch open on the barge.
Won't take a minute.
I'm not clever enough to do that.
Just do your own job, Pearson, and be glad you've got one.
Get back up there and switch on.
Agni Arrgh! Oh.
my God.
no! What kept him? I thought he'd be off.
It ain't my fault! I mean, what's he doing out there? It ain't my fault! Oh.
Please sit down.
David has extensive injuries to the upper right side of his body.
Multiple fractures, possible spinal damage, and we're a little worried about the head injury.
He's going to be all right, isn't he? He's only been here half an hour, Mrs Lomax.
I can't be more specific now.
We're not trying to hide anything from you.
(Monitor beeps) Why'd he do that? What's wrong with him? Why won't he look at me? Suddenly, I've discovered friends I didn't realise I had.
I was bearded in Stillingfleets last night.
Had my ear bent by five juniors I've never met before.
The word's out that Julia's leaving.
I suppose we should replace her.
We don't have to.
We could advertise.
If we wanted someone.
Well, it's better than interviews in wine bars.
Of course we could always make someone an offer.
Headhunt, you mean? Well, they'd be a known quantity.
It is accepted practice, Peter.
Not theft.
There might even be someone who's taken a couple of years off.
- Well, we'll talk further.
- Mm-hm.
- Good morning.
- Morning.
Morning.
What are you doing here, Mr Haslam? - Miss Piper's handling my personal injury.
- In a manner of speaking.
I haven't done one of those for 20 years.
Miss Piper's looking for a leader.
Or has the old fire gone out? (Whispers) I want you, please.
I'm not free, am I? Well actually, sir 20 years! Well overdue, then, Mr Kavanagh.
You've done this work before.
Not a brain injury.
The claim is £750,000.
The last one I did involved a rogue Yorkshire terrier.
Ooh.
Well, it might be a challenge for you, then.
It's High Court, red judge, no jury.
The insurance company will offer an ostensibly large, but totally inadequate, sum and the parents will settle.
You don't need me.
I'm a criminal hack.
Might be the last time we work together.
Did Martin Haslam teach you that? What? Blackmail is a very dirty word, even if you put "emotional" in front of it.
(Ship's horn blasts) What type is it, David? Had enough? You're not helpless.
That looks fairly distressing.
Personal injury.
Brilliant student of marine engineering.
Almost crushed between two barge containers at his holiday job.
It's one of Martin Haslam's cases.
He sends his love.
Is he still a Trot? He was wearing a Paul Smith suit, so I suppose he must be.
(Motorbike pulls up) Don't go spare, Jim.
Vanessa just gave him a lift home from the pool.
Who's this Vanessa? She trains with him.
He says she's strange.
Hi, Dad.
Um, this is Vanessa.
Here you go.
See you.
You know what we've said about motorbikes.
It's only a two-mile ride from the pool.
Vanessa's a swimmer? Er, diver.
She lives on nuts and seeds.
She does very well on them.
She wants to be a stunt woman.
I can't imagine much that'll get in her way.
Interesting girl.
- Yeah, she's strange, Dad.
- Nice bike, though.
It's OK.
You had bikes, Dad.
You know how draughty they can be.
Don't worry.
I'll just go back and finish reading about a boy with his head bashed in.
My son riding on the back of a bike at 90mph will not cross my mind.
NO We haven't got the other side's medical reports.
No, David's got an appointment while he's down here.
They couldn't complete the tests last time.
He kept ramming people.
Bit of a handful, the boy David? (Sighs) What do you feel about this case? Generally, I mean.
Like a criminal hack doing a personal injury case.
A good advocate can handle anything.
Who told you that? Some old criminal hack.
David, this is James Kavanagh.
Mr Kavanagh's going to represent you.
Miss Piper will be helping him.
David's parents, Gina and Sam Lomax.
- James Kavanagh QC, Julia Piper.
- It's the scenic route, I'm afraid.
The lift's just along here.
It was better to eat alone.
The people at that place used to get so bad-tempered.
I don't remember anything after that.
You won't be expected to say anything more about the accident in court.
That's fine.
(Laughs) There are two distinct areas to deal with in your case.
The first is the issue of liability.
Whose fault it was that David was injured.
- He doesn't remember.
- There aren't any witnesses to back him up.
Mr Kavanagh will deal with this.
- You have to listen to him.
- Shh! The defence will try to prove that David was responsible for his own injuries.
We do not accept that.
The second area of the case is the care claim.
Exactly what David needs and how much it costs.
The defence will bring in medical experts.
They will try to prove that David is a charlatan and you are overprotective, greedy parents.
Now, I believe you were offered £50,000 and sensibly rejected it.
I don't mind questions, Mrs Lomax.
I just want to get that first bit clear.
If they offered money, doesn't that mean they think they're going to lose? I'm afraid not.
Sanctuary is an insurance company.
The offer is almost a policy against losing.
If they do.
their costs will be a lot more than £50,000.
What are our chances, Mr Kavanagh? At this stage, I think 50:50.
Now, let's look at what you might be saying in court, Mrs Lomax.
Could you describe your days for us? Your normal routine? Well, um We get up.
We clear up what David has broken during the night.
We wash him.
dress him I can dress myself.
Yes, sometimes you can.
Always! I dressed myself this morning.
You had your socks on your hands.
Have you had a holiday from this care in the last year? What would we do about David? We might want to lock him in a cupboard sometimes I'm so broke anyway.
Do you not have any other relatives who could help? David's grandmother was our last relative here.
She died three years ago.
Perhaps we can look in detail at the geography of the site.
All three defence witnesses will say that they were inside the main building when David went out onto the barge.
KAVANAGH: Is there a sight {me from the interior control booth to the barge dock? - Nana died? - Yes, sweetheart, we told you.
Remember? Er.
no.
you have to be almost on top of the entrance before Why didn't you tell me? We did tell you, sweetheart.
You just forgot, that's all.
- Ow! - Sorry.
He has retrograde amnesia.
It's Whole chunks of his life before the accident, he has trouble relearning them.
Maybe we should take a break for five minutes.
I'll get Tom to bring in some sandwiches.
(Banging) Open the door, Mr Kavanagh.
I'll go out the direct route.
That'll solve the problem.
(Sighs) Why do I have to do this? You know the answer to that.
I love my mum and dad.
What's going to happen to them? I don't remember anything.
Mr Kavanagh.
- How can we win? - We have one major advantage.
The fact that they have three witnesses.
That's three different perceptions of what happened.
Three chances to make a mistake.
But it won't be easy.
And you have to help.
(Murmur of conversation) So what do you suggest? I suggest we have another go at it and I'm sorry I'm late, Mr Gosling.
My wife wasn't well.
Not quite in sync with the rest of us, are you, Mr Pearson? Bit like your witness statement.
Well, now you're here, let's have another go at it, shall we? The point is.
you don't tell them any more than you have to.
OK? Where do the barges unload? Where do the barges unload, Mr Dale? Mostly out at the Essex marshes.
Some goes over to Belgium.
Especially the toxic stuff.
OK? Are we defensive or what? "The chirpy young lad walked jauntily along the orchard path.
" (Whispers) This is garbage.
"Now.
he thought to himself, I am a very" Lucky boy? You knew that didn't you? Yeah.
I just didn't want to say it.
Now, that there is the booth where Mr Pearson and Mr Dale were.
Nice and new.
Tom? Tom.
Tom.
I just don't feel it's a case where my strengths can come to the fore.
I have to consider what's right for me.
Maybe you ought to consider that if you turn down any more work, sir, the legal profession will come to the conclusion that you're dead.
Tom.
Tom.
Am I simply a function, Tom? Am I not allowed a little discernment? Sagacity? Judgment? Am I just a tool, Tom? You've never been that fussy in the past, sir.
Maybe this is the new Jeremy Aldermarten, Tom.
And a lot of people might say "about time".
- That time of year again, isn't it? - Beg your pardon, Miss Piper? Nose starts twitching, he can't stop shrugging.
He's applied for silk again, hasn't he? I couldn't betray Mr Aldermarten's confidence, Miss Piper.
But if he had, and of course you couldn't betray that confidence, what sort of odds might you be offering against him getting it? - Hypothetically? - Hypothetically, of course.
Hypothetically, 6-4 on.
I'm afraid Mr Kavanagh took the last of the even money.
Ready? You'd better book an hotel for the Lomaxes.
Wheelchair access, please.
And view of the river.
- Might rake up a few painful memories.
- I rather hope it might.
I'll be right there.
How's the baby, Helen? She's four.
She's fine.
No longer in need of constant attention.
- You'll be having lunch with Peter, then? - There's no space at my old chambers.
I want to work again.
Are there any peasants left to execute? You always did make me feel as if I'd betrayed my class.
PETER".
Sorry about that Helen.
Ah, James.
You two know each other? We've waved at each other from opposite sides of an argument.
I've booked.
Shall we? (Mouths) Just a chat.
Whats the matter with it? I can give you an hour, Mr Kavanagh.
And I can't guarantee my attention will be undivided.
We just want to chat about your evidence.
Dr Walsh.
The defence are claiming that David has only minor cognitive impairment.
- I'm sure you'll have plenty to say about that.
- Yep.
They're wrong.
And back.
(David laughs) Mr Kav It's OK, David.
It's all right.
- I've got you.
It's all right.
- She's very good with him.
She'll grow old and tired very quickly without money and support.
Well, that's why we're here, isn't it? You can sit down with David and talk about quantum physics for five minutes, maybe ten.
Then ask him if he wants a cup of tea and he might not know what it is.
His reading and comprehension tests for the other side were very good.
What was the text? Postman Pat or Shakespeare? He can have trouble with Postman Pat.
I'm worried about you putting him on the stand.
I'm afraid his distress could be our evidence.
I'm worried that he'll enjoy it.
He responds to stimulation.
Usually.
I'm concerned that some silver-tongued defence counsel will make him seem quite normal.
We can't keep David here much longer.
Is there nothing else you can do? Oh, of course there is, but he's physically static.
He's almost manageable.
There are 58 major head injuries a day in this country.
Over 21000 a year.
Someone will come along in a worse position than David and then I'm trying to be friendly, do you know what I mean? I wouldn't be friendly.
He's an extraordinary boy, isn't he? - They all are, Mr Kavanagh.
- No' - No! No! - Please calm down.
- Calm down.
- No! Except when they're violent, obnoxious and abusive.
That's what we need to talk about, isn't it? (Screaming) No' No' No-o-of Calm down.
No! No! You were a long time.
I felt grubby.
Sanctuary Insurance, Helen Ames putting her foot in the door at River Court.
How is she? As ambitious as ever.
(Sighs) David Lomax should not have to go to court.
We, as a society, should not put him through this.
- You said they'd settle.
- They'll offer.
And the Lomaxes will probably accept less than they need because they're tired and desperate and they don't want to go through this either.
I'm sorry.
I don't mean to bring it home with me.
Well, the good news is that Vanessa's getting rid of the bike.
Oh, thank heavens.
I've spent half the day surrounded by people injured in road traffic accidents.
But what? Even though you had one? You're not having a motorcycle, and I don't care how much of your own money you've saved.
The insurance wouldn't be that much.
We can't insure your brain.
You had an AGE 8550.
That's a precedent.
isn't it? Yes.
And that's how the law works, isn't it? Yes.
- I rest.
(Lizzie chuckles) A precedent does rule until a better one comes along.
You have the privilege of remoulding family law.
You are that new and improved precedent.
You cannot have a motorcycle.
Goodbye.
I know James has objections to Helen Ames.
- I didn't say that.
- But consider what she brings us.
A whole raft of corporate clients, undeniable.
And we could all benefit.
But is that the kind of work we want to attract? Personally, I wouldn't want to act for the other side in the case I'm doing at the moment.
- She's not like Julia.
- She's about the same age.
I find Helen a little a little a little smooth and and hard.
Whereas Julia Julia is more sympathetic.
- I agree.
- Actually, I don't mean sympathetic.
- No.
- No.
I mean more um more simpatico and er consummately professional.
But never never sharp.
Never losing her um - Fluffiness? - Humanity, James.
Would old rivalries stop you working alongside her, James? It's not rivalry! I'm not sure we're right for her.
She's corporate law.
Henley and Ascot.
"Meet me at my club.
" Typical of working class made good.
Thank you, Jeremy.
She'll take silk, of course.
That's the only indication of a person's merit, is it? - No.
- No.
No.
I did ask her in.
But I think I'll postpone the decision for a while.
Broke and entered.
Sorry.
I thought we could be civil to each other.
Peter's head of chambers.
He mentioned your name 20 times over lunch.
I don't go for the hard sell, Helen.
No.
Neither do I.
I don't need to sell myself, I'm too good.
But River Count is buying.
It works both ways.
You can get in somewhere.
I want to come here.
I want a challenge.
Are you accepting clients without "PLC" after their names these days? Look, Peter won't take anybody on without your approval.
I just want to know if your residual prejudice is going to block me and I won't waste my time, OK? Maybe having a baby and five years off can change a person.
How would you know? You haven't even talked to me.
May I be of any assistance, sir? Er These These suits - They're for silk, sir.
- Oh.
Are they? Of course.
Um How much would would er Oh, my goodness.
Taking silk is an important occasion sir.
Yes, of course.
Yes.
Quite right and proper, too.
Um How long would it take to um - Alter them, sir? - Yes.
There are only two weeks between announcement of new silks and the ceremony.
We have some experience in altering them quickly.
Would sir care to try a jacket? Try one! Yes.
Er Um Why not? Is sir expecting elevation? Me? Well, one makes an application out of a sense of obligation almost.
Who can predict what criteria are used to decide these matters? Skill and experience, I believe, sir.
I think this is rather a good fit.
Don't you? Like a glove, sir.
I'm sure all the signs at East Bankside went up half an hour before the Health and Safety inspectors arrived.
A Mr Haslam and Mr and Mrs Lomax are here, sir.
And we have a judge for you on Monday.
Mr Justice Swarbrick.
Swarbrick's not that bad, is he? That story about Solomon and the two women fighting over the baby Swarbrick would have chopped the kid in half first to save court time.
(Julia chuckles) And then there's George Crosby.
Leading for the defence.
- Friend of the judge? - Well, Eton's a big place.
There's a chance they never met.
Good afternoon.
Is there no David? He's gone out with his friend Lewis.
Oh.
Well, I did expect he'd be here.
He slept for 20 minutes last night which means we slept for ten.
We hadn't got the energy to drag him here screaming.
Well, it's not essential.
Now, Miss Piper's got the care costs itemised.
She'll run through that with you.
I've just got a couple of questions and then you can try and enjoy your weekend.
Now Yes.
David's medical records say that he developed hepatitis B in hospital.
Now.
that's usually contracted through sexual intercourse.
Did he have a regular girlfriend? - No.
- What has this got to do with the accident? Probably nothing but the defence might try to brand him as promiscuous and irresponsible on the back of it.
- We can deal with that.
(Phone rings) Kavanagh.
Haslam.
Yeah.
Yeah, I understand.
We'll get back to you.
250,000.
And their office is closing at five o'clock.
Now it is essential that David is here.
We don't need him.
I want to take the money.
David is the plaintiff, Mrs Lomax.
He has to take the decision.
And supposing we end up with nothing? Are you going to come round and wipe his backside? I don't think so.
I hope to win your case.
I'm sorry, Mr Kavanagh.
We're both very tired.
It may sound like a lot of money It is when you've got nothing.
It's a third of our claim.
David could live another 50 or 60 years, stubborn little sod.
What happens when you're not here any more? - What have we done to deserve this torture? - Nothing.
Bad things happen to good people all the time.
Look, we can get a cab It's no good, Martin.
I know what David would say.
He's developed this unshakeable faith in Mr Kavanagh.
- He thinks we can't lose.
- I hope he's right.
But you're not certain, are you? I've got to go soon.
You are coming back? Yeah.
(Doorbell rings) - You won't be gone long, will you? - No.
How is she? Not too clever.
Bye.
love.
We'll see you right.
Don't worry.
Well, this is fairly straightforward, don't you think, James? Nothing firm on either side.
We spit at each other a bit and then settle.
We didn't think much of your last offer, George.
Ah.
Well, we can bump it up to 300.
Save us the bother of going in at all.
Won't cover loss of earnings.
He's never had a proper job.
They won't accept.
Run it up the flagpole.
We have three well-behaved witnesses, James.
You think so? We might start listening carefully at half a million.
(Chuckles) Are you serious? Why don't you try them? They've offered 300,000.
We're worth more than that.
CLERK: Court.
rise.
May it please Your Lordship.
In this matter, I represent the plaintiff.
Along with my learned friend Miss Julia Piper.
And my learned friends Mr Crosby and Mr Manzi represent the defendants, Sanctuary Insurance PLC.
I trust Your Lordship is familiar with the pleadings in this case? I am.
I hope you'll stick with them, Mr Kavanagh.
Certainly, my lord.
My lord, this case centres on two issues.
We don't need a lengthy opening, do we.
However eloquent? Let's just press on.
As Your Lordship pleases.
David suffered numerous physical injuries.
Which I listed in my statement.
The most serious were the damage to the spinal column.
Which resulted in the lower-body paralysis, and the traumatic assault on the brain.
But the main culprit was a haematoma which caused severe pressure to the frontal lobe.
It was removed at the hospital but has caused damage to brain tissue.
Can you tell the court, briefly, of the psychological effects David has suffered? Personality change, problems with short-term memory, some retrograde amnesia, loss of initiative.
Occasional extreme emotional distress.
Cognitive impairment.
Most of the higher brain functions are affected in some way.
KAVANAGH: David was a unversity student of marine engineering.
Would you judge it likely that he might be able to resume those studies? He has trouble concentrating on the simplest tasks, so, no, I wouldn't.
Thank you, Dr Walsh.
David Lomax recorded perfect scores in the reading and comprehension tests, didn't he, Dr Walsh? In those tests, on that day.
But in those tests, on that day, he displayed no indication of er cognitive impairment.
- Correct? - Yes.
Dr Walsh, you said that David suffered a personality change.
How is that manifested? He has rages.
Fits, almost.
He can be rude and abusive quite suddenly, unpredictably.
And he needs constant stimulation or he can just relapse into a kind of torpor.
Depression is common in people who have suffered debilitating physical injuries, isn't it? - Yes.
- So the torpor could just be depression.
It's a kind of depression yes.
But he can read? At times, perfectly.
He could have read about the psychological effects of brain injuries, couldn't he? He has.
I encouraged him to.
David Lomax could be making up these psychological problems, couldn't he? He doesn't have that much control.
I wish he did.
I wish all my patients did.
None of them have enough control to lie that effectively.
I largely agree with what Dr Walsh has said about his physical injuries.
But his cognitive powers were perfectly normal.
His communication and comprehension skills were adequate and [judged him to be aware and capable of perceiving threat to his physical being.
Thank you, Dr Marsh.
Why did it take two days to complete the tests on David Lomax? Ah, because it couldn't be completed on the first day because Mr Lomax became uncooperative.
How? Verbally and physically abusive.
How was he physically abusive? He ran over my foot.
(Laughter) That must have been uncomfortable for you.
You've heard Dr Walsh state that the extent of David Lomax's cognitive impairment fluctuates.
Yes, well, I can't confirm that.
His manner seemed to be calculated and consistent most of the time.
Most of the time? Well.
all of the time.
You don't have to get brain damage to be rude.
How long did you spend with Mr Lomax? I've already told you - two days.
48 hours? Well no, of course not.
On and off throughout those two days.
On and off.
these tests took a total of about two hours.
- Yes, that's the test themselves, but - So you are only in a position to state that David Lomax displayed no cognitive impairment for two hours on the 8th and 19th of April, yes? He completed standard cognitive tests satisfactorily.
If he was so calculating why didn't he fail them? I'm not a mind-reader.
(Door opens and closes) Thank you.
My lord, the defence has new evidence it wishes to submit.
In what form, Mr Crosby? A video tape, my lord.
Were you set up, do you think? No.
I wanted it.
It's not how it looks.
And you can explain this? Yeah.
OK.
This will be shown in court.
In front of your parents.
I suggest you warn them.
Can they do this? Can they spy on us like this? They can and they have.
The defence will have been watching David for weeks.
Well, what do they want to see? David crawling in the dirt and messing himself like an animal? It's not like that.
What have they filmed? Could the witness's statement be opened at er page 16? Can you read the first sentence of the second paragraph, David, please? "I have no sexual function.
" Thank you.
Perhaps we could run the video tape.
(Soundless) Can you explain what was happening there, Mr Lomax? She was called Mandy and she was from Raihham and she was 25.
You met her in Soho and you paid her for sex.
I paid her for half an hour.
- £75.
- For sex.
(Scoffs) For wishful thinking! Haven't you ever thought you could do it when you were drunk? - She was removing her clothing wasn't she? - I'm not blind.
So you paid £75 for half an hour of unclad chat? I was ripped off.
She didn't have much conversation.
And you'd still claim you have no sexual function? Desire is bloody inconvenient.
But the plumbing's not much good if you can't turn on the tap.
You must know that, Mr Crosby.
You obviously thought the tap might get turned on that evening.
I live in hope.
You speculated £75.
It was almost worth it.
Was it? I didn't buy sex.
I bought the company of a woman.
For £75.
I bought halt an hour of somebody's attention.
It was almost worth it.
Most people give me five minutes.
You get lots of attention at the Harwell Centre.
don't you? Lots of attention from Mum and Dad.
I've very little function, actually.
I used to work at a recycling centre.
Now I just recycle air.
Breathe in, breathe out - that's my function.
But you'd like to do more, wouldn't you? Yes.
Like to be a bit more independent.
Yes.
You can dress yourself, can't you? Yes.
Wash yourself? Read? Write? Do you think you're capable of some productive work? Five minutes.
usually.
Then I see them.
Looking for excuses to get away.
They think I don't notice There's lots you could do if Mum and Dad didn't worry so much.
If they didn't insist on doing it all for you.
You don't want that do you? No.
What son of thing do you think you could do? David? What do you think you can do? Breathe in, breathe out.
DAVID: No-one pays you for War I can make people cry.
I'm sorry I make you cry.
David's injuries imprison him and enslave us.
There are no other options for his care? He goes to the treatment centre for a few hours everyday.
I've had to give up my job to move closer to it.
We can't afford private nursing.
Dr Walsh has told us that David may soon lose his place at the Harwell Centre.
Are there aspects of his care you feel you're unable to cope with on your own? There's too many.
Um I try to be patient, but um There is a light in people's eyes and sometimes I see it go out in my son's.
And sometimes it dies and he disappears into the darkness and Well, then someone else comes and sits in his seat.
And he's horrible! And er it's like having a stranger in the family.
Thank you, Mrs Lomax.
David's your only child, Mrs Lomax? Yes.
I had several miscarriages before David was born.
I was very lucky to have him.
Very lucky indeed.
Almost a miracle baby, then? And you like having David at home.
Don't you? I would like him to get better but he's not going to.
Did he ever leave home? Er He didn't have any money.
The course He was living at home at the time of the accident? Yes.
but I And you feel you have to watch over him constantly? He could hurt himself.
Dr Marsh says he can perceive threats to his person.
Well, Dr Marsh didn't see him stuffing Brillo Pads in the toaster.
The truth is you over-mother him, don't you? No.
- You give him sleeping pills.
- Sometimes.
yes.
At night.
He wakes up every half an hour.
He can't show initiative because you won't let him.
- You indulge him.
- He has always been independent.
He's like a child again.
And you want to keep him that way.
Mr Crosby, please! I don't want him like this! Sometimes I look at him and I just think, "Why didn't you die?" And sometimes I still hope he'll just die.
- Mr Kavanagh.
- Leave her alone! I don't want him displayed like this in public! It's like a freak show! - Mr Kavanagh! - Leave her alone! - If that's your case, Mr Kavanagh, I will rise.
- It is, my lord.
DAVID: No' Leave her alone! Leave her alone! NO (Footsteps) Um No more post for me? Would I hide it from you, Mr Aldermarten? Nothing? Nullae? Mr Aldermarten, when it comes, it'll be in a big brown envelope with the stamp of the Lord Chancellorâs office on the front.
Unless you don't get it, then it'll be in a tatty.
Little brown envelope with a second-class stamp.
You wouldn't leave something like that just um just lying around, would you, Tom? Mr Aldermarten, am I likely to expose you to public ridicule? No, no, no, no, no.
I'm just I'm just a little bit nervous.
Ridicule, did you say? Good man, good man.
(Men laugh) - That's terrible.
- I'm sorry.
That's the best I can do.
(Men laugh) Yesterday was a little messy, wasn't it? Oh.
I've seen worse than that.
We're on to the liability now.
Any screaming and shouting today can only be in our favour.
Would you consider yourself an observant chap, Mr Baxter? 100 percent.
Did you see Mr Dale or Mr Pearson approach David Lomax before they went inside the main building? No.
Did you see anyone else approach David Lomax before you too went into the building? No.
Thank you, Mr Baxter.
Let's go back a little, Mr Baxter.
Perhaps you can confirm exactly where everybody was immediately before the power was turned off.
- I was in my cab.
- Yes.
From where you could clearly see David eating his lunch on the quayside? Oh, yeah.
Mr Dale arrived.
Mr Pearson went to speak to him and then they both went into the inside of the building.
The main power went off.
Correct? Yeah.
Then I came down out of my cab.
You went and stood just inside the entrance to the main building? Dead right.
From where you could see Pearson and Dale in the control booth on the opposite side of the interior.
And you lit a cigarette.
Why was the power turned off? Dunno.
Something got snarled up with one of the rams.
Something like that.
Happens all the time.
All the time? Well, once in a while.
Which is it? Once in a while or all the time? Once in a while.
You were inside the building - and you're an observant man- couldn't you see what the problem was? I was having a fag.
It wasn't my business.
And you didn't ask Pearson and Dale why the power was turned off? - I didn't want to get shouted at.
- They were shouting? No.
I couldn't hear.
Well, something stopped you approaching them.
You're a responsible employee.
aren't you? Yeah.
Your machine had cut out for no apparent reason.
Causing you to cease work.
No-one could have objected to you asking why.
I didn't want to interrupt them.
- Because you didn't want to be shouted at.
- They weren't arguing.
I didn't say they were.
But if you couldn't hear what they were talking about, how could you tell they weren't arguing? They weren't waving their arms about.
Were they? You don't have to wave your arms about to have an argument, do you? I do.
What was David wearing when he was sitting on the quayside? Can't remember.
- Nothing memorable? - No Not one of those luminous safety vests? - No.
- Or a brightly-coloured hard hat? No.
Ah What am I thinking? Course he wasn't.
He wasn't even in a hard-hat area, was he? No.
That starts right next to my machine.
Sorry, Mr Baxter.
Oh, be my guest.
So no hard hat.
You're sure about that? Yeah.
He was wearing one when he was on the barge.
It's in the Health and Safety inspector's report.
- When did he go and get it? - I don't know.
The shelf of hard hats is right next to the door.
You were standing there having your cigarette.
I don't remember.
Well, maybe you were distracted by the argument between Pearson and Dale.
There weren't no argument.
Mr Dale, can you tell us about your safety record at the East Bankside site? We've never had a major accident before or since.
Mr Drake of the Health and Safety Inspectorate will confirm that.
Is there a training programme on safety? Definitely.
We're most rigorous.
Every employee is fully acquainted with the safety regulations and that training is updated as new procedures are introduced.
I'm very proud of my record.
Do you know why David Lomax was on that barge? I just can't imagine.
Its just a tragic accident.
Thank you, my lord.
Tragic indeed.
But you would have done everything possible, in advance.
To avoid such a tragedy? Like I said, I'm very proud of my training programme.
How long is this programme? About a week.
And I presume you have regular safety drills, test employees? Naturally.
So, how on earth could this have happened? Well, maybe he's not as bright as he seems.
Or perhaps your training programme is not as rigorous as you make out.
Well.
if you'd like to ask Mr Drake from H and 8 about It didn't work with Mr Baxter.
did it? He was having a cigarette in a no-smoking area.
What was your argument with Mr Pearson about? Well, it was over a year ago.
How am I expected to remember that? It wasn't a day like any other, was it? It was the day your perfect safety record was very badly blemished.
It was his own fault.
What is your schedule for this afternoon, Mr Crosby? Just Mr Pearson, my lord.
Mr Kavanagh? Nothing further.
I will rise.
CLERK: Court.
rise.
Mr Pearson doesn't appear to be within the precincts of the court, my lord.
We'll give him another half an hour.
Court, rise.
(Laughs) I knew he'd come.
You liked David Lomax, didn't you, Mr Pearson? He's a nice lad.
A boy of above-average intelligence.
Trusted by you.
the safety officer.
Put through a rigorous training programme by Mr Dale.
And yet he contrives to get himself trapped between two ten-ton containers in an area to which he is strictly forbidden access.
It's a conundrum.
isn't it? Y-Yes.
Have you any idea how that came to happen? Rush of blood? I don't know.
You don't seem completely happy with that answer, Mr Pearson.
- Well we all make mistakes.
- Do we'? What was the fast one you made? What? You should be aware, you're the safety officer.
What was the last mistake you made at your place of work? Oh, I don't It was just a figure of speech.
I don't know why he was out there.
I wouldn't wish that on anybody.
I wish it hadn't happened.
Why did you switch off the power? I can't remember exactly.
Funny noise or something from one of the rams.
Mr Baxter didn't hear this funny noise inside the building, did he? I didn't ask him.
He certainly didn't see David Lomax pick up a hard hat from the shelf.
He didn't need one.
He didn't need one normally, I mean.
And why didn't he need one on this occasion? Because he wasn't going anywhere.
But he did go somewhere.
He was wearing it when he went onto the barge.
A sensible young man taking precautions.
Where did he get that hat from? Don't know.
In what circumstances other than funny noises would you switch off the power? Mechanical faults.
Anything else? You're the safety officer.
Safety reasons, surely? Possibly.
If you saw someone on the barge.
Would you switch the power off? Of course.
Would you switch the power off if you saw someone was going to be on the barge? And you'd make sure that person had a safety hat, wouldn't you? Yes.
You gave David Lomax a safety hat on this occasion, didn't you? That's why he didn't need one from the shelf.
You gave it to him because you knew he was going out there.
The problem wasn't inside the building.
Was it.
Mr Pearson? It was outside.
I'd suggest to you that the power was switched off to enable David Lomax to go out there and fix that problem.
- No, that's not true! - You sent David Lomax out onto that barge.
I wouldn't do that.
I never sent him out there.
All right.
Let's look at what happened next.
About three minutes later.
You came out of the control booth and told Baxter to return to work.
Without checking the crane or the barge.
You turned the power back on.
You're the one who had the rush of blood.
You're the one who is directly responsible for the way David Lomax is today.
I never knew he was on there.
But you failed to take any precautions before turning on the power.
Why? I don't know.
I mean.
I did I - Were you preoccupied with something else? - No, I don't think so.
- What was your argument with Dale about? - We weren't arguing.
Baxter was too scared to approach you.
Something was going on.
- Was Dale angry with you? - No.
- Did he tell you to turn the power back on? - No.
It was your decision to do that? You take full responsibility for the action that led to David's injury on the barge? I told you, I didn't think he'd be on there then.
No-one should have been on there then.
No.
You thought he'd be off there by then.
It took longer than expected.
To fix the problem.
Mr Pearson? Am I right? What was David doing on the barge? What was the problem? One of the container doors wasn't closed.
He shouldn't have gone out there.
But it's a simple job.
I've done it myself.
For some reason, this simple job took David Lomax rather a long time.
Long enough for you to forget he was out there.
Why would that be? - Mr Pearson, why? - You'd have to ask him.
You know full well David can't tell us anything about the incident.
He lost his memory as a result of it.
He should never have been out there.
Mr Pearson, why did David's task take so long? I couldn't say.
Maybe he started checking what was in the bloody thing! Why would it have detained him? Well, he'd have been looking at it, that's all.
He didn't know.
- It was a secret.
- What was? I told you it wasn't right! Mr Pearson what would David have been looking at? We do a lot of business with hospitals, health authorities - their waste.
We're supposed to treat that stuff and seal it.
Not just bung it in cheap black bags.
Because they split open.
That's probably how he got hepatitis, poor sod.
As if he needed anything else.
What exactly was in these bags? X-ray plates.
Needles, chemicals, blood, even bits of people.
We were filling one barge a day, dumping it on an open site.
Cost-cutting.
Thames Containers were dumping untreated hospital waste on an open site? I told Dale it was wrong.
That's what we were arguing about.
That's why I was distracted.
Mr Pearson, you are saying to this court that Thames Containers would rather lie about what happened to David Lomax than risk exposing its methods of dumping dangerous waste? In your evidence, you too attempted to conceal this from the court.
I had to.
Dale said the accident was my fault because I turned the main power on.
He said I could be prosecuted.
And you were prepared to accept that? He knew he had me.
My wife, she's dying of cancer.
I couldn't lose my job.
Couldn't go to prison.
Who would have looked after her? But it doesn't matter now.
She's not going to need looking after for much longer.
Mr Pearson did you tell David Lomax to go onto that barge? No.
Who did? Was it Dale, Mr Pearson? Yes.
That concludes the case for the defence, my lord.
I shall hear speeches on Monday morning.
I'll reserve judgment for two weeks.
CLERK: Court.
rise.
Well done, James.
As you said, pretty clear-cut.
Oh, don't rub it in.
Give my regards to Lizzie.
We don't understand.
Did we win? Technically.
We'll have to wait for another two weeks, but I think you can book a holiday, yes.
Thank you.
He can't even drive for another six months.
No harm in looking.
Matt? What about this one? Um It's a bit small.
- Compact.
- Like a motorbike with a lid.
- I thought you liked motorbikes.
- No, too draughty.
I liked Vanessa.
Past tense? She's getting a Harley.
I can't compete with that.
Hang on a minute.
You told me you wanted a motorbike.
Lizzie? You wave a motorbike under my nose so I end up buying you a car? - That's paranoia.
- No-one ever bought me a car! Well, you have the privilege of being part of an important new precedent in family law.
Damn! Damn! Damn! Damn! Damn! Damn! - Damn! Damn! GROUP: Hooray' I give you River Court's newest silk - Mr Aldermarten.
What?! Well done, Jeremy! You got it and now you'll cost twice as much and you'll probably never work again.
I bloody well got it! You rat, Tom Buckley! Come on.
- Well done.
- Oh, thank you, thank you, thank you.
- Well done, Jeremy.
- Thank you, James.
Well done.
I thought the jury was still out on Helen Ames.
It is, James.
Fits in rather well, though, don't you think? It seems so.
Now, James what do you really think? I think she's a very sharp advocate with a lot of good qualities.
Yes.
Clearly they haven't escaped Jeremy.
OK.
Bye.
- Miss Piper.
- Oh, yes? My only payout, I'm very pleased to say.
You bet on Jeremy getting it? Well, he'll be touched by your faith, Julia.
I must tell him.
Don't you dare, James.
Tom blinded me with science.
I thought I was backing him nor to get it.
What does 6-4 on mean anyway? (Laughs) I have, therefore, made two crucial findings of fact.
First, the plaintiff was sent out onto the barge by Mr Dale.
Second.
the machinery was switched back on without any check being made as to the whereabouts of the plaintiff.
These amount to a gross breach of the duty of care owed by the defendant to Mr Lomax and the defendant is, therefore, solely liable for this accident.
As a result of the findings I've made with regard to quantum, I propose to award the plaintiff the full amount of the damages claimed.
And I further propose to refer the question of the material on the barge to the appropriate authorities.
Now, don't you give your parents too much trouble, young man.
Let me advocate the opposite view, Mr Kavanagh.
I'm stuck with them, too! Mr Pearson.
I'm sorry about your wife.
It won't work, I'm afraid.
This one's OK.