header-logo header-logo

He who hesitates is lost

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll