Source: All England Reporter
Publisher Citation: [2009] All ER (D) 128 (Dec)
Neutral Citation: [2009] EWHC 567 (QB)
Court: Queen's Bench Division
Judge:

Christopher Clarke J
Representation Alan Jeffreys QC (instructed by Berrymans Lace Mawer LLP) for the claimant.
  Allan Gore QC (instructed by Bindmans LLP) for the defendant.
Judgment Dates: 20 March 2009

Catchwords

Declaration - Jurisdiction - Declaration as to liability - Road traffic accident - Pedestrian suffering catastrophic brain injury as result of road traffic accident with driver - Driver's insurers seeking by action commenced in his name declaration that he was not liable to defendant at all - Whether declaration should be granted - Whether driver negligent.

The Case

Declaration Jurisdiction. The Queen's Bench Division held that the insurers of the claimant, by an action commenced in his name, were not entitled to a declaration that he was not liable to the defendant for injuries caused as a result of a road traffic accident, the accident occurring as a result of the defendant running without stopping from the side of the road in front of a stationary bus. He was liable to the defendant in all the circumstances.

Practice Areas

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