Max Melsa successfully obtains judgment for Claimant following Defendant raising automatism

News

04/04/2022

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 [2014] 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 [2015] EWCA Civ 673 was also considered.

Max was instructed by Adrian McGurk of Ralli Solicitors.

Featured Counsel

Max Melsa

Call 2015

Latest News & Events

Eleanor Mawrey and Francesca Kolar secure convictions in £1.5m HMRC Gift Aid Fraud arising from false claims submitted on behalf of 10 evangelical churches.

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…

Deka Chambers presents mock trial for Hastings Direct

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…

Deka Chambers participates in Middle Temple pupillage event

On Tuesday, Gareth Munday, a member of the Pupillage Committee at Deka Chambers, spoke on the panel at the Middle Temple Young Bar Association’s pupillage event. It was an excellent opportunity for students and prospective applicants to learn about the application process and to ask…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)