13 October 2011
Coles and others v Hetherton and others [2011] EWHC 2405 (Comm), [2011] All ER (D) 06 (Oct)
A number of cases were before the court, each of which involved a road traffic accident in which the vehicle of a person insured by an insurer, R, had been damaged by the admitted negligence of another insured driver. The question arose as to whether the cases ought to be heard in the commercial court or the county court. The court ruled that there would be inevitable difficulties in assembling test cases in the county court. The preferable situation would be for relevant issues to be determined with the benefit of case management in the commercial court.
