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Slippery issues for RTA lawyers

Date:

30th September 2011

Team:

Civil, PI & Medical Negligence.

Judy Dawson recently acted for a Defendant whose vehicle had slid on ice into the back of another vehicle in treacherous conditions. Whilst the Defendant had admitted liability not only at the scene but also in his Defence, in the belief that a driver who went into the rear of another vehicle was always responsible, Judy successfully persuaded the Judge on the morning of trial (which was listed for Low Velocity Impact and bogus passenger issues) to allow him to resile from such admission and amend his defence on the grounds that it was an inevitable accident. The Judge found that such Defence had a realistic prospect of success. It concerned unusual facts; the Defendant had managed to slow his vehicle to a stop but the combination of black ice and the gradiant of the hill had conspired to cause his vehicle to start moving once again. The Claimants discontinued their claims (with the resultant order that they pay the Defendant's costs) midway through trial after Miss Dawson's cross-examination of the driver.