A man operating two commercial whelk fishing boats brought a claim against a local authority, alleging financial losses arising from their actions in removing pots and other fishing equipment from the yard he used. Settlement offers were made but rejected by the claimant, a litigant in person, and after several years the matter was proceeding to Mediation. Shortly beforehand, we were instructed to review the claim for loss of profits.
We analysed the claimant’s accounting records and identified that fishing had continued virtually uninterrupted and unaffected throughout the period of claim. Our report showed that the claim was unfounded, and only negligible loss of profit had been suffered.
Faced with these findings, the claimant accepted a notional settlement offer at Mediation, well below the previous offers.