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Case Studies

PI Case studies

Case 1.

Mr H was the driver of a van and Mr K was his passenger and employee.

Whilst driving, Mr H skidded on diesel and then collided with a bus. After making enquiries, it appeared that the diesel spillage had been caused by an earlier accident involving a car and a bus. The bus company notified the local authority of the spillage who attempted to clear some of the diesel, but not all of it was removed by the time our clients passed through the area.

A successful claim was brought against the local authority for the whiplash injuries they both sustained. Mr H recovered £4000.00 and Mr K recovered £2000.00.

Case 2.

Master A was walking to a football match with his father. Crowds of people were heading towards the ground with people walking in the road.

A passing car driving at excessive speed in the circumstances hit our client breaking his right leg.

The driver of the car originally denied responsibility. Later, his insurance attempted to allege that our client had contributed to his own accident. The law is clear. Following a decision in the Court of Appeal in Mullin v Richards (1998) 1 ALL ER 920 it was confirmed that to prove if a child has been negligent, the objective standard of what a child might be reasonably expect to foresee is that of an ordinarily prudent and reasonable child of that age, rather than that of a ‘reasonable man’.

Our client was only 10 years old. He was walking with hundreds of people towards a football ground and would not have been able to foresee this accident.

Our argument was convincing and the defendant conceded full responsibility. Compensation has been agreed, subject to the court’s approval in the sum of £9500.00.

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