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News | Mon 4th Apr, 2022
Max Melsa represented the Claimant in a claim for personal injury within which the Defendant raised the unusual defence of automatism.
The defence, which requires the Defendant to show on the balance of probabilities that the Defendant’s actions were wholly involuntary, was raised following a road traffic accident that occurred in September 2017.
Max successfully argued for the Court to follow the case of Green v Haynes  EWHC 4297 (QB) which sets out the high bar required for the Court to allow such a defence. It was also argued that the medical evidence provided by the Defendant was insufficient.
Judge ruled that the Defendant had failed to prove, on balance, that there was no alternative explanation other than that the Defendant had suffered a cardiogenic syncope.
The Court of Appeal case of Dunnage v Randall  EWCA Civ 673 was also considered.
Max was instructed by Adrian McGurk of Ralli Solicitors.
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