The owner of a motorcycle was not liable for personal injuries sustained by the rider of the vehicle when it was involved in a road traffic accident as, on the evidence, the injured person and not the owner had been driving at the time of the accident.
HELD: On the day of the accident, T had been drinking much more than he had admitted and it was highly likely that he had been unfit to drive. Having arrived at the pub, he had met G and asked to ride the motorcycle. He had been given permission by G to take it onto the road and had left the pub riding the vehicle alone and driven a route which had taken him from west to east. As he had approached a bend in the road he had lost control, probably as a result of the influence of alcohol and his lack of any recent experience of riding a powerful motorcycle, and collided with the kerb and a brick wall. At the time of the accident, G had been at the pub from where he had been given a lift home and had falsely reported his motorcycle as having been stolen. In reaching that conclusion, the evidence of the witnesses who had placed G at the pub throughout was accepted. The evidence that there had been no-one else at the scene immediately after the accident and that G had suffered no injury was also compelling. T's claim failed accordingly.
Judgment for defendants
 EWHC 3133 (QB), LTL 8/1/2009
PERSONAL,INJURY,FINDINGS OF FACT,ROAD TRAFFIC ACCIDENTS,RTA,LIABILITY,IDENTITY,DRIVER
"The ‘capable, efficient, and helpful’ clerks’ room provides ‘a service-orientated approach and goes above and beyond in trying to ensure you have the right barrister for the job ; you have the utmost confidence in the clerking”
"An extremely approachable set of chambers which puts a premium on service delivery"
We are delighted to announce that Ijeoma Omambala QC has been named in The Lawyer Hot 100 2021. Ijeoma specialises…
We are delighted to announce that Turan Hursit, previously of Doughty Street Chambers, has joined Old Square Chambers. Turan brings…View More