Burton & Anor v Kingsley & Anor, Court of Appeal - Queen's Bench Division, May 25, 2005, [2005] EWHC 1034 (QB)

Extract

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Burton & Anor v Kingsley & Anor, Court of Appeal - Queen's Bench Division, May 25, 2005, [2005] EWHC 1034 (QB)

Case No: SOH05001

Neutral Citation Number: [2005] EWHC 1034 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

SOUTHAMPTON DISTRICT REGISTRY

Winchester Combined Court Centre

The Law Courts, Winchester, Hampshire, SO23 9EL

Date: 25 May 2005

Before :

MR JUSTICE RICHARDS

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Between :

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William Stevenson QC and Andrew Davis (instructed by Eric Robinson Solicitors)

for the Claimants

Edward Faulks QC and Angus Piper (instructed by Biscoes King & Franckeiss)

for the First Defendant

Edward Faulks QC and Angus Piper (instructed by Davies Wallis Foyster)

for the Second Defendant

Hearing date: 11 April 2005

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Judgment

Mr Justice Richards :

1. This case arose out of a road traffic accident on 15 August 2001. The claimants were passengers in a Renault 19 motor car being driven by the first defendant along the westbound carriageway of the A27 near Portsmouth. The second defendant was driving a Renault Scenic motor car along the A27 in the same direction. The motor car driven by the first defendant suddenly left the carriageway, plunged down an embankment and overturned. The first claimant was rendered tetraplegic and the second claimant sustained spinal injuries in the accident.

2. The issue of liability was listed for trial before me at Winchester on 11 April 2005. On the day of the trial, however, the parties agreed terms of settlement. It was ordered inter alia that (1) there be judgment for the claimants against the first defendant, with dam...

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