header-logo header-logo

30 May 2013 / Jonathan Aspinall
Issue: 7562 / Categories: Features , LexisPSL , Personal injury
printer mail-detail

He who hesitates is lost

istock_000024452093medium

Jonathan Aspinall reports from the Court of Appeal on hesitation, liability and costs

In the recent case of Whitehead (A Protected Party Proceedings by Her Litigation Friend, Amy English) v Bruce and others [2013] EWCA Civ 229, [2013] All ER (D) 209 (Mar), the Court of Appeal held that a defendant driver “dawdled” when she passed a car obstructing the road and came in to the path of an oncoming motorcyclist and pillion passenger. The court held that she should have proceeded with “all due despatch” and found the three defendants to be almost equally at fault, subject to one of them getting away with a 5% discount.

The appeal followed a three-day liability trial. The defendants had obtained evidence from three accident reconstruction experts. Three leading counsel were instructed in relation to the appeal.

Facts

The claimant was injured in a road traffic accident while she was a pillion passenger on a motorcycle that was being ridden by the first defendant. The third defendant had been driving a Rover saloon

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll