Cases of Note
James Denial v Busways
This trial took place before District Judge Heppell in the Sheffield County Court. Harry East was acting under the instruction of Kennedys Solicitors.
The Claimant alleged to have had been involved in a road accident with the Defendant’s bus that was being driven the Defendant’s agent whilst both vehicles navigated a roundabout. The Defendant denied any accident had taken place.
The Claimant reneged on their case that they had been to see medical practitioners and had no previous back or wrist conditions. At trial they accepted that the whiplash type injury had resolved after one week as per their witness statement rather than the several months attributed to the injury in their historical medical report, the examination for which took place post recovery.
The District Judge refused to remove the QOWCS protection as the Claimant had stated consistently throughout their evidence that they had informed their solicitor of the discrepancies in the evidence but to no avail.
Mr East invited the court to invoke CPR 44.15(1)(c)(ii) on the basis that in conjunction with the Claimant’s Solicitor’s previous behavior, they had failed to appropriately prepare the case in line with the Claimant’s account to allow for a just disposal of the proceedings.
The previous behavior included, serving witness evidence late; serving medical evidence late; and amending the claim on the day of trial to involve only a one week whiplash injury rather than both an injury to the neck lasting several months and a serious wrist complaint, the effect of that amendment had effectively pushed the trial into the small claims track.
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