A commuter who suffered catastrophic injuries falling down the gap between the platform and a Tube train has launched a “very high value” personal injury claim against Transport for London.
Sarah de Lagarde, a mother of two from Camden, brought her compensation claim to the High Court on Wednesday after losing her right arm and right leg when she was run over by two Northern line trains at High Barnet station on September 30, 2022.
According to court documents, TfL “makes no admissions in relation to what is alleged” and effectively denies all liability.
TfL’s legal team says the claim is “conservatively in excess of £25m”, though Ms de Lagarde’s lawyers say the claim has yet to be valued.
The case is expected to raise wider concerns at the number of injuries on the London Underground where passengers fail - or are unable to - “mind the gap” between the train and the platform, so-called PTI “platform train interface” incidents.
In an emotional statement outside court after an hour-long administrative hearing, Ms de Lagarde said it was a “David v Goliath” battle but she was “optimistic” of securing victory.
She claimed she had been falsely described by TfL as “drunk woman” who was to blame for her own injuries.
She said she had suffered such post-traumatic stress that she was no longer able to travel by Tube, having almost lost her life in the fall.
Ms de Lagarde, global head of corporate affairs at City investment firm Janus Henderson, had been returning home at the time of the incident when her “life changed for ever”. She was 44 at the time.
She had fallen under a train and was then run over by the same train as it pulled out of the station, and again by a second train as she lay critically injured. The first train injured her right arm and the second injured her right leg.
Ms de Largarde told journalists outside the court on Wednesday: “I was run over and crushed by not one, but two London Underground trains on the Northern Line.
“Miraculously, I survived, but it cost me dearly: the first train took my arm, and the second train took my leg. That night I also lost my mobility, my independence, my dignity and above all my ability to hug my two young children with both arms.”
She described herself as a survivor and a “voice for change” and accused TfL of “bullying” her rather than treating her with kindness, despite a vow from London mayor Sir Sadiq Khan last year to end “victim blaming”.
She said it was wrong for TfL executives to earn “eye-watering six-figure salaries” and bonuses “when people are still being injured and killed on the network”. She said that the mayor’s “vision zero” target for ending deaths on London’s public transport network by 2041 would be missed by miles.
“TfL’s initial reaction to my incident was to label me as a 'drunk woman' and suggest it was all my fault,” she said. “This baseless claim has since been retracted but not before they scrutinised everything down to my choice of footwear. I wore flat shoes – not high heels, for the record.
“TfL continues to allege that this incident was entirely my fault. This not only feels like a personal attack, but I also believe it reflects a broader issue of accountability within TfL.
“ On 1 November 2023, the Prime Minister, Sir Keir Starmer, wrote to Andy Lord, the [TfL] commissioner, on my behalf stating that TfL should not wait until my case is over before meaningful lessons are learnt.
“Almost two years on, here we are. No accountability. No meaningful changes. And more commuters who have been injured or killed.
“This battle is larger than me. It’s about every passenger’s right to safe travel. In 2023 alone, there were nearly 2,000 incidents at the platform-train interface on TfL’s network. That's an average of around 162 incidents per month.
“Standing here today, I feel like David against Goliath. It's intimidating and traumatising for me to relive these moments. But I am compelled to speak out, not just for myself but for everyone else affected by these incidents, which are not so rare as TfL make out.”
Prashant Popat KC, for TfL, said at the start of the hearing: “Our response is that this is a tragic case in which the claimant sustained some horrific injuries.
“Nothing I say today seeks to diminish the consequences of what has been sustained and suffered by the claimant.”
The case will now proceed to an eight-day trial, which is likely to start in January 2027.
Issues expected to be covered in the case include whether TfL was under a duty to have staff monitor passengers as they alighted from a terminus station - High Barnet is at one of the northern ends of the Northern line.
Other issues could be the alleged failure of the first train driver to investigate after Ms de Lagarde’s laptop bag was seen wedged in the gap between the train and the platform, and whether there was a breach of any requirement for the second Tube driver to look for passengers as his train entered the station.
TfL will also be accused of failing to keep an emergency refuge for passengers who have fallen onto the tracks, namely a recess in the platform wall, clear of debris.
A skeleton argument submitted by Mr Popat to the court states: “This is a tragic case, in which the claimant sustained horrific injuries. It is, however, relatively straightforward.”
He said Ms de Lagarde would have to prove one or more of the following:
* That TfL should have had in place more monitoring of this platform/passengers alighting at the time she fell.
* That the recess should have been constructed differently and/or in compliance with TfL standard S1131.
* That the driver of the first train should have looked for and found Ms de Lagarde when he found her bag.
* That the driver of the second train should have seen her on his approach to the station.
Mr Popat said: “The defendant [TfL] denies these allegations. It also pleads contributory negligence.”
Thomas Jervis, Ms de Lagarde’s solicitor, a partner at Leigh Day, said: “Like millions of other Londoners, Sarah de Lagarde was just trying to get home from work when she was hit by two Tube trains at High Barnet station. Transport for London denies liability and positively blames Sarah for what happened.
“This case is incredibly important and may have a profound impact on how London’s transport network is operated in the future.”
A TfL spokesperson said: “We are responding to a legal claim brought by Sarah de Lagarde. It is not appropriate to discuss details of our defence while this case is ongoing.
“Our thoughts continue to be with Sarah and her family following this terrible incident, and we will continue to make every possible effort to learn from any incident on the Tube network. Safety is our top priority and we will always place it at the forefront of our thinking.”
