British tourist disabled after being hit by falling palm tree in Sri Lanka sues former lawyers after they 'messed up chance to get her £4.5million payout'

A British tourist left disabled after a palm tree fell and crushed her legs while on holiday in Sri Lanka is suing her former lawyers after they 'messed up' her £4.5million compensation claim. Claire Saywell was relaxing at the four-star Club Hotel Dolphin resort with her husband David when a 100ft tree fell across her sun-bed, shattering her legs.Three men rushed to help lift the tree off her following the incident in the western town of Waikkal, in February 2017.She previously described how her legs were bent backwards at the knees in a 'v-shape' by the weight of the falling trunk crashing through her lounger.Moments before the incident she had closed her eyes while sunbathing, before feeling 'this excruciating pain in my legs'.Mrs Saywell, from Sittingbourne, Kent, underwent emergency surgery in the Sri Lankan capital of Colombo before being flown back home.She has since had multiple operations on her legs and has had to give up work due to 'continuing disabilities'. The former insurance consultant subsequently enlisted Slater and Gordon UK to issue a personal injury claim against the travel agent, Tui. Claire Saywell, who was left disabled after a palm tree fell and crushed her legs while on holiday in Sri Lanka, is suing her former lawyers after they 'messed up' her compensation case The palm tree fell on Mrs Saywell as she relaxed at the four-star Club Hotel Dolphin resortBut now she is suing Slater and Gordon UK, alleging they missed the deadline to serve the legal documents to Tui because it was sent to the wrong email address.Slater and Gordon UK Ltd admitted breach of duty at the High Court, having 'failed to validly serve Mrs Saywell's claim form in her personal injury claim'.But the firm disputes it owes anything to their former client and claims she did not have a 'likelihood of success'.Howard Elgot, representing Mrs Saywell, told a preliminary hearing: 'This is a professional negligence claim by Mrs Saywell against her previous solicitors.'Breach of duty by the defendant is admitted. They failed to validly serve Mrs Saywell's claim form in her personal injury claim against Tui UK Ltd and her claim was struck out.'On 16th February 2017, at about 1020am, the claimant was sunbathing on a sun lounger at a swimming pool in the grounds of the Club Hotel Dolphin, Waikkal, Sri Lanka. The weather was hot and sunny with a gentle breeze.'The area around the pool was planted with well-established coconut palm trees - cocos nucifera - of approximately 25 to 30 metres in height and sun-loungers, including the one used by the claimant, were situated under the palm trees.'Without warning, a large palm tree fell on her legs, causing her severe and permanent personal injuries.'She has had about 10 operations on her legs. She has serious pain and continuing disabilities in relation to her legs.'She has had to give up her job as a well paid peripatetic insurance executive and is unemployed. She requires single-storey accommodation.'The defendant alleges that the falling of the tree was a natural disaster caused by a sudden gust of strong winds and not influenced by any human factor and that therefore there was no want of care by the hotel or its subcontractors', the barrister said in his written submissions.He asked for permission to again enlist an expert arborist, who had earlier looked at the evidence in the claim against Tui.Mr Elgot, reading from the expert's previous report, said: 'It was clear that in order to secure some form of utility line, a spike and concrete had been driven into the base of the tree...this had caused rot and damage to the trunk.'The expert explained that 'these trees would not usually fall over in high winds, unless of course they were already rotten,' adding that 'in his view a lay person could note the damage being done to the tree.'Mr Elgot continued: 'We say we had an exceptionally good chance of succeeding against Tui, whereas my learned friend says we had a terrible chance.'The defendant objects to the claimant having permission to rely upon the evidence of an expert arborist.'It is correct to say that the claimant can probably show that she had more than a negligible chance of success just on the evidence in the defendant's file.'But the evidence before a court would have been so much better. There would have been four witnesses as to the modest strength of the winds that day and better photographs of the distressed tree.'With a finalised report and full lay evidence, Mrs Saywell is confident of showing that her chances of success would have been in excess of 90 per cent.'But Clare Elliot, for Slater and Gordon UK Ltd, told the judge that the planned case against Tui 'didn't exceed the 51 per cent likelihood of success'.She added that the £4.5m damages figure is also 'highly contested'.Master John Dagnall, overseeing the proceedings, granted Mrs Saywell permission to call the expert arborist.He said: 'This is a solicitors' negligence claim, arising from an accident arising from a falling coconut palm tree on holiday in Sri Lanka.'The defendants failed to serve the claim form in time, with the result that the claim was struck out'. Claire Saywell, pictured with her husband David, has undergone multiple operations and been left unable to work since the incident in February 2017He described the claim against the lawyers as a 'loss of a chance claim'.Master Dagnall added: 'It is common ground that the question is the chance of the claimant [achieving] a successful settlement or success at trial.'There is no suggestion that her prognosis has improved recently.'The court also heard the two sides will try to settle the case through alternative dispute resolution if possible.