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.
Following the decision of the Court of Justice of the European Union in Case C 629/24, MH v Costa Crociere SpA we ask whether the basis for claims against sea and air carriers will now shift from the Athens and Montreal Conventions (with their two…
Section 96 of the Crime and Policing Act 2026 implements a proposal of the Independent Inquiry into Child Sexual Abuse by introducing new provisions into the Limitation Act 1980 in relation to claims for child sexual abuse. Paul Stagg KC (who successfully defended the claims…
Giles Bedloe successfully concluded the prosecution in Operation Orientation, a case widely reported in the media (including the BBC and The Independent), at Winchester Crown Court on the 5th of June 2026 The defendant, Anwar Ashraf, was convicted of attempted murder in April for stabbing his…
Deka Chambers: 5 Norwich Street, London EC4A 1DR