Businessman could lose his beloved £2m fishing lakes as angler wins £490,000 payout for falling off a ladder while working on the property

• Ricki Sartin helped cut a tree at Norwich’s freshwater Layfield Lakes in 2017 
• High Court heard he had ‘no training or expertise’ in what he was required to do 

A businessman could lose his £2million fishing lakes as an angler he employed won a £490,000 payout at the High Court after falling off a ladder – resulting in a series of injuries – while he was undertaking work at the property. 

Ricki Sartin, 53, was helping to cut back a tree at Norwich’s freshwater Layfield Lakes when his ladder was struck by a branch in June 2017.

The impact knocked him to the ground, and as a result he sustained a number of injuries including a broken hip, wrist and ribs.

Grandfather Mr Sartin had also agreed to do odd jobs with other anglers after being offered a waiver of his annual fishing permit by the lakes’ owner, Darren Layfield, 48. 

However, he sued his former friend after accusing him of using him as ‘cheap labour’ – despite being unqualified and having ‘no training or expertise in the kind of maintenance work’ that was being requested of him.

Now, Mr Sartin has been awarded in around £490,000 in compensation.

The court also heard that Mr Layfield could be in danger of losing his lakes, after being handed a £159,000 lawyers’ bill on top of the compensation payout.

Pictured is angler Ricki Sartin while recovering from accident. Following the incident, he sustained a series of injuries, including fractured ribs, hip and wrist, and a hernia

In blaming Mr Layfield for the accident, Mr Cunnington claimed he was well aware that the workers he used ‘were not skilled or experienced workmen.’

In speaking about the payout, Mr Sartin’s barrister, David Cunnington, said Mr Layfield was uninsured, but if he fails to pay his £649,000 bill, Mr Sartin may be able to make a claim against the lakes themselves.

Opening the case earlier this week, Mr Cunnington said Mr Sartin had been a regular at Mr Layfield’s fishing lake, in Porters Lane, Norwich.

The lakes form a stillwater fishery, and comprise of a series of lakes and ponds with stocks of carp, coarse, roach and bream and are accessible to disabled anglers.

In 2014, Mr Sartin, from Norwich, was invited to a join a group of other men who did maintenance work for Mr Layfield in exchange for a waiver of the annual fishing fee.

‘In essence, the defendant obtained cheap labour from a group of customers,’ said Mr Cunnington.

Mr Sartin was injured when, on June 28, 2017, he was called by Mr Layfield, who instructed him to go to the lakes to help cut back a tree branch.

Mr Cunnington continued to tell the judge: ‘Mr Sartin climbed the ladder which had been set in place for him.

‘He had no experience in cutting branches at height with chainsaws. He cut the branch and the branch then fell.

‘On its fall, it hit the ladder which caused both him and the ladder to fall.

‘He suffered serious injuries as a result of his fall.’

Following the incident, Mr Sartin sustained a series of injuries, including fractured ribs, hip and wrist, and a hernia.

Ricki Sartin, 53, was helping to cut back a tree at Norwich’s freshwater Layfield Lakes (pictured above) when his ladder was struck by the branch in June 2017

He was left with ongoing pain, which resulted in him losing his well-paid job as a manager at a refuse firm in 2019.

In blaming Mr Layfield for the accident, Mr Cunnington claimed he was well aware that the workers he used ‘were not skilled or experienced workmen.’

He continued: ‘The claimant was a manager for a refuse company who, from time to time, worked as a dustman.

‘He had no training or expertise in the kind of maintenance work the defendant instructed him to perform.

‘The defendant’s very decision to task an untrained, inexperienced amateur with work that required a properly qualified specialist contractor was in itself negligent.’   

Giving judgment, Judge Margaret Obi said Mr Layfield ran a commercial enterprise.

However, by using unskilled fisherman to do his maintenance did nothing to ensure their safety.

Although he did not attend the trial in London, Mr Layfield had submitted a defence where he denied that he knew what Mr Sartin was doing on that day.

READ MORE: Angler who did odd jobs in return for free fishing sues landowner for £490,000 after falling off a ladder and breaking his hip 

But ruling, the judge said Mr Layfield’s claim was ‘implausible,’ being based on an assertion that Mr Sartin had chosen himself to cut the tree and took the chainsaw without permission.

She added that there was ‘no reason’ why Mr Sartin would have done that, finding that in fact Mr Layfield had instructed him to do the work and then denied doing so.

Having instructed Mr Sartin to cut back the tree when he had had no training, Mr Layfield did not consider the risks and ‘made no provision for his health and safety.’

She continued to explain: ‘He was running a commercial enterprise, but didn’t exercise any kind of adequate skill or care in planning how the work would be performed.

‘He didn’t undertake any assessment of the risk involved in using a chainsaw at height. He didn’t ensure a safe method of work, nor provide any training or instruction.

‘I have no hesitation in concluding that Mr Layfield’s acts and omissions amount to negligence. Although he advanced that the accident was caused by Mr Sartin’s own negligence, he didn’t attend the hearing to argue his case.’

The judge awarded Mr Sartin £74,500 in general damages for the injuries and a further £413,187.43 for financial losses, including the loss of his job and pension.

She also ordered Mr Layfield to pay Mr Sartin’s lawyers’ bills for the trial – with £159,000 up front ahead of an assessment of the full amount at a later date.

Mr Cunnington said that, as Mr Layfield had not attended the trial, investigations had already been made into his finances, with assets including the £2m lakes identified as potential targets if he does not pay up.

Source: Read Full Article