Top model’s claim for damages against Chanel swimwear brand continues in High Court

Stewarts represents British model Andrew Cooper in his claim for damages against Orlebar Brown, the high-end luxury swimwear brand that is part of the Chanel group, following a head injury he sustained during a photo shoot in Puglia, Italy, in September 2020.

On 25 July 2024, the parties will attend the first case management conference at the Royal Courts of Justice in London. The court is expected to set a timetable for the parties to file evidence in preparation for the trial of Mr Cooper's claim.

Mr Cooper issued High Court proceedings against Orlebar Brown in September 2023, as the brand denies responsibility to him under the terms of his modelling contract. Orlebar Brown has separately brought a claim against the company it hired to direct the shoot, Tom Hingston Studio Ltd.

On 30 September 2020, Mr Cooper was filming part of a shoot for Orlebar Brown, during which he alleges he was instructed to run down a sand dune with another model, James Mukasa Kakonge, and provide some 'action'. Mr Cooper alleges that on approximately the eighth take of the shoot, he started to roll in the sand at the end of his run at the bottom of the dune. As he did so, Mr Cooper and the other model collided.

As a result of the incident, Mr Cooper alleges he sustained various injuries, including a mild traumatic brain injury and post-concussion syndrome, further head injuries, bone damage in his right middle ear, a migraine variant balance disorder causing vestibular migraines and headaches, a right temporomandibular joint injury and psychological symptoms including anxiety, panic attacks and depression.

Prior to the incident, 43-year-old Mr Cooper had enjoyed a long and successful modelling and acting career spanning over 25 years. During his career, he worked with several well-known brands including Diet Coke, Dunhill and Armani, as well as walking runways for designers such as Versace, Dolce & Gabbana and Ralph Lauren.

Mr Cooper's case is that the incident and his injuries have had a life-changing impact on his career, preventing him from pursuing his former financially lucrative and rewarding work as a model, actor and entrepreneur.

His claim is based on an alleged breach of contract by Orlebar Brown. Mr Cooper says his contract stated that Orlebar Brown would take all steps necessary to ensure his safety, health and wellbeing was protected and maintained at all times. This included ensuring safe and secure working conditions that allowed Mr Cooper to provide his services in compliance with all health and safety standards and regulations. Mr Cooper's case is that the circumstances surrounding the incident did not comply with the terms set out in the contract.

Orlebar Brown are defending Mr Cooper's claim and contesting his allegations as to the events on the day of the shoot and both the extent and impact of Mr Cooper's injuries.

Chris Deacon, an International Injury partner at Stewarts leading the case for Mr Cooper, comments: "In view of the life-changing impact the incident has had on Mr Cooper, he has chosen to pursue Orlebar Brown for damages and relies in doing so on the terms of his contract with Orlebar Brown for its spring/summer 2021 advertising campaign shoot. The company freely entered into the contract with Mr Cooper via his former modelling agency, IMG. As liability is denied, Mr Cooper instructed Stewarts to issue and serve High Court proceedings.

"We look forward to continuing to represent Mr Cooper and seeking to hold Orlebar Brown accountable based on the agreed terms of the modelling contract."

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