A DJ who was struck by a falling piece of brickwork while checking her phone outside a London cafe has been awarded £90,000 in compensation. Electronic music star Chloe Caillet, 33, suffered injuries to her neck, shoulder, and foot when a brick cornice fell from the building housing Kipferl Cafe in Golborne Road, North Kensington, in June 2018.
The brick narrowly missed her head because she was leaning forward looking at her phone, a court heard. Ms Caillet sued the building owners, O'Hare Holdings Ltd, for nearly £100,000, claiming the accident derailed her international career just as it was taking off and left her unable to work for six months.
However, she had to deny being 'fundamentally dishonest' after the firm's defence lawyers claimed she had worked on several continents during that period, including attending the Burning Man festival in the Nevada desert. Following a trial at Mayor's and City County Court, Recorder Karl King cleared Ms Caillet of dishonesty and ordered Ealing-based O'Hare to pay nearly £90,000, comprising about £14,000 in compensation and £75,000 towards her legal costs.
Career and Impact
The court heard that Ms Caillet is a DJ, producer, and multi-instrumentalist who has performed at renowned clubs worldwide, soundtracked catwalk shows, and released her own music. Born in Paris, she has lived in New York, Bristol, and Ibiza, and was residing in Kensal Rise, north-west London, at the time of the accident.
According to court documents, she was injured when 'without warning, a section of brick cornice on the front of the building fell and landed on the claimant.' She suffered soft-tissue injuries to her left shoulder and knee, back injuries, bruising, and abrasions, as well as psychiatric after-effects including dizziness, sleep disturbance, anxiety, and memory impairment. She claimed she was unable to work for six months.
Court Proceedings
Opening the case, her barrister Philip Grundy said Ms Caillet was 'fortunate' that looking at her phone meant she avoided being hit squarely on the head. 'She maintains that this was a clearly frightening event and she was fortunate not to be worse off as a result,' he said.
Lawyers for O'Hare admitted liability for the accident but accused her of 'fundamental dishonesty' after investigating her social media, which showed her at events worldwide during the crucial six months. Evidence included appearances at the Burning Man festival, a Burberry fashion event in October, a New York magazine launch in September, and the opening night of an Andy Warhol exhibition in November.
O'Hare barrister Nick Grimshaw said: 'The defendant accepts that the claimant sustained soft tissue injuries in the accident. However, the defendant's case is that the claim for loss of earnings is fundamentally dishonest. The claimant returned to work as a DJ very soon after the accident and performed internationally at numerous high-profile venues throughout the six months for which loss of earnings are claimed.'
Defence and Judgment
Ms Caillet denied the accusation, saying she had 'misunderstood' questions in pre-trial documents. She believed she was being asked about her ability to perform as a DJ to the same standard as before the accident, rather than less strenuous promotional activities. She said the misunderstanding stemmed from the word 'perform,' which she took to mean a front-facing DJ set, not a promotional appearance. None of the events involved people buying tickets specifically to see her play until she returned to genuine performance in Paris in January 2019, she added. Her Burning Man appearance was unpaid, and she attended because she had a pre-bought ticket.
Giving judgment, Recorder King said that although it was incorrect for Ms Caillet to claim she didn't work for six months, he did not find her dishonest. 'I conclude that, on balance, the claimant did genuinely suffer from the orthopaedic injuries caused by the accident and some exacerbation during the period of at least six months,' he said. 'However, I am not satisfied that the claimant's symptoms led to the claimant being unable to work for the six months until January 2019. Nor am I satisfied that it is established that the injuries caused by the accident led to a downturn in income, as is claimed by the claimant.' He found that she returned to work after approximately three months.
He awarded Ms Caillet around £14,000 in compensation for injuries and reimbursement for therapy and medication, but refused her claims for over £60,000 in lost earnings. O'Hare Holdings was also ordered to pay £75,000 towards her legal costs, pending a full assessment.
