header-logo header-logo

Smash & bash at your peril

02 December 2011 / Karen O’Sullivan
Issue: 7492 / Categories: Features , Procedure & practice , Damages , LexisPSL , Personal injury
printer mail-detail

Karen O’Sullivan provides a crash course in the issues that arise around liability in road traffic litigation

Road traffic litigation is often looked down on by other litigators as being unchallenging when it comes to liability. The phrase “smash and bash” epitomises this perhaps intellectually snobbish view. There are no “six pack” regulations, for example, and causation is rarely a thorny issue. However, to the people involved in these sometimes horrific events the cases are certainly important. Not only are road accidents far more common than other types of accidents, they often cause the most serious injuries. They are therefore arguably the most important type of personal injury work, leading to the highest value claims.

Overruled?

Yet is it correct to take the view that RTA never has any interesting points of law on liability? The last few weeks have seen a clutch of reported cases, two of which are appeals suggesting that parties’ advisers are happy to assert that a judge has got a “simple” RTA

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll