I cannot say much else, other than what I do is classified and I had to sign the Official Secrets Act 1989.

About two-and-a-half years ago I got knocked off my motorbike and bust my femur and foot badly. To stress, this had nothing to do with work. I was riding for leisure and pleasure one weekend when a man in a van pulled out of a side road and T-boned me. I needed three operations, 18 months in an external fixator and then a bucketload of physiotherapy.

Whilst it was rubbish, that part of the case was straightforward as the van driver had admitted liability and helped with treatment. The problematic part is my job. Pre-accident, I could work away and get overtime, etc. However, when I eventually got back to work after 2 1/2 years, I could not do my old job (which I loved) due to my leg and I am now stuck being a desk jockey (which I hate).

The problem I have is my solicitor has told me I need to give them and the van driver’s insurer all my employment and occupational health records to prove I can’t do my old job and have lost money. However, to be blunt, I can’t as it is classified. Answers on a postcard as my solicitor seems a bit clueless.


This can be super-tricky to deal with. On the one hand, you need to prove on the balance of probabilities you have or will suffer a loss because the van driver T-boned you. To prove your case, you need to rely upon evidence. However, the Official Secrets Act 1989 states amongst other things that

‘A person who is or has been… a member of the security and intelligence services… is guilty of an offence if without lawful authority he discloses any information, document or other article relating to security or intelligence which is or has been in his possession by virtue of his position as a member of any of those services or in the course of his work while the notification is or was in force’

Therefore, it potentially makes it difficult for you to disclose evidence from work. However, it is not impossible. You should instruct your solicitor to contact your employer, advising exactly what you need and why. Your employer will have a specialist legal department and they should be asked to redact any information that could affect national security or identifies a third party, etc. If they do that, you should end up with the documents you need to disclose and not be in breach of the Official Secrets Act 1989.

Thereafter, I strongly advise your solicitor to get suitable safeguards from the Defendants before any disclosure is provided to them. In short, you do not want these documents sent off to an insurer and then it accessed by the whole insurance company and their dog. The disclosure needs to be secured and treated with the upmost care.

Lastly, it does not appear you have issued Court proceedings yet. If you do, your solicitors need to consider whether you need 1) Anonymity Orders 2) Private hearings 3) Reporting restrictions. This is to stop your name ending up in the public domain and you/your employer being exposed to risks, etc.

Andrew Prendergast

More Bikes May 2023