This Court Case was a Car Crash for the Plaintiff.

This Court Case was a Car Crash for the Plaintiff.

A year ago I wrote a blog about highwaymen in 1725. Here it is – Link here –

It referred to a man – an armed robber on a horse -who was so incensed about his grievance when his partner galloped off with all the loot that all common sense flew out of the window. In his case the grievance was that his partner in crime had “cheated” him.

Yebbut, cheated him of his share of stolen property.

Long story short, he took his mate to court, explained what had happened, and they were both hanged.

LOL.

The point I was making about it was that it seems to be that human nature is much the same now as it ever was. Greed or desperation or a resentful sense of entitlement shuts down common sense across the centuries.

Here is another example, the case just decided in 2019 is a judgment as to liability for a car collision in 2016.

The case was brought by the driver of an Audi who collided with a Honda car. And, the Honda was stationary by the side of the road. The Honda was indeed half off the road, its nearside wheels were on the pavement. The Court heard that the width of the road was such that the Audi could have driven past the Honda entirely in its carriageway – i.e. without even crossing the centre white-line of the road.

In her claim the Audi driver explained that the Honda had been stationary at first as she was approaching but then immediately before the collision suddenly reversed further into the carriageway, too suddenly for her to give it the additional clearance which it now required.

The transcript of the case from the Law Gazette website is here – Link – and I call it a jolly good read. Just the thing if you are wasting time at work and want to call it legal research.

One has to read between the lines and beware of jumping to conclusions. But it is odd, I think, to claim that a car reversed into your path when it seems clear from the evidence that there was no person in the driving seat of the Honda. The reason the Honda was at the roadside was because the driver of it had feared that one of the tyres had deflated, and he was outside the car inspecting the tyres when an Audi drove straight into it.

The Honda driver (not) and his witnesses attended Court.

The Audi driver had produced three witness statements; each of those witnesses said that the Honda had suddenly appeared from a driveway in reverse, into the road in the path of the Audi. They each said so in almost identical phrases.

And Yet – this was not what the Audi driver said, to the Judge in Court.

And again Yet, none of the three witnesses supporting the Audi driver attended the Court hearing.

Significant doubts seem to exist as to whether any of them were actually present at the collision scene at all.

And even more Yet, all three witnesses appear to have given evidence in an earlier case in 2013. The solicitors acting in that case, were the solicitors acting in this case.

That 2013 claim was referred to the solicitors by the same “Accident Claims Management Company” as referred the present case and who hired a car to the present Claimant.

And may I add, if the Audi claimant had won this case, the claim for car hire charges over the nearly three years since the accident, now stands in excess of £400,000.00.

What sort of car sets anyone back £400,000.00 for three years use? A Magic Flying Car? Be useful for avoiding legally parked Hondas I suppose.

There used to be a doctrine that a Claimant must mitigate its loss. In this case buying a Bentley (other expensive models are available) for around £200,000.00 and selling it after three years for say £75,000.00 would have been the miser’s option.

It is, depending upon your view of matters, entirely your opinion whether it is a cause for regret that now the Audi driver will have to pay £400,000.00 plus Court Costs. And perhaps some might feel that it is a cause for regret that no highwaymen are hanged in England anymore.

I am a Notary. No opinions here!

Song here about crashing, not necessarily cars -Link Here-

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