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30 May 2013 / Jonathan Aspinall
Issue: 7562 / Categories: Features , LexisPSL , Personal injury
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He who hesitates is lost

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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