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.
This week we welcome our two newest tenants, Julia Brechtelsbauer and Megan Bithel-Vaughan, to the Dekagram family. Working collaboratively, as you have come to expect from Deka Chambers, they have produced a joint article on where the burden of proof lies in quality complaint cases,…
Following the 10 week trial at Snaresbrook Crown Court, Kwabena Duodu was sentenced to 10 years for his role as the accountant submitting the false claims. Moses Asare, head pastor of Praise Harvest Community Church received 7 years imprisonment for submitting the claims in relation…
Yesterday, Deka Chambers, in collaboration with HF, presented a mock trial and an appeal for Hastings Direct in Bexhill. The trial concerned non tariff injury inflation, claims layering and fundamental dishonesty. The proceedings were presented by Roger André, Simon Trigger and Bernard Pressman. Brendan Hill…
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