London Ambulance Service NHS Trust instructed James to represent them after a serious collision at a junction on the A12 between an ambulance traveling through a red light on an emergency call, and a motor vehicle travelling at high speed (but within the speed limit).
The court applies, what has been described in various judgments, a ‘heavy duty’ to ambulances passing through red lights and it is extremely rare that the ambulance driver will escape any apportionment of liability for an accident caused. Despite this legal handicap, James was able to prove that the other driver was 100% at fault for the accident due to her failure to apply the Highway Code and keep any proper lookout for the risk of an ambulance traveling into a residential area.
Though the result of the case was fact specific it demonstrates the strength of well-prepared and careful cross-examination and the forcefulness of a good closing argument.
In this week’s Dekagram Dominique Smith examines a recent decision of the Court of Appeal considering and endorsing 90:10 split liability offers (contrary to the received wisdom following the decision of the High Court in Mundy v TUI [2023] EWHC 385 (Ch); and Robbie Parkin…
Kerry analyses Paul v Royal Wolverhampton NHS Trust and the Supreme Court’s attempt to impose coherence on decades of caselaw from McLoughlin, Alcock and Frost through Walters, Shorter and Ronayne. She then asks the hard question for modern travel law practitioners: what, if anything, can claimants do…
The Counsel General for Wales and Minister for Delivery has appointed Thomas Jones to the Welsh Government’s B Panel of Counsel. Panel Counsel are appointed to provide specialist advocacy and advisory work for the Welsh Government. Tom’s appointment runs for a period of five years…
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