Andrew Ward successfully defends £1 million claim at trial
April 2, 2024
Andrew Ward from Exchange Chambers successfully represented the Defendant, Bournemouth Transport Limited, at a preliminary trial of liability before H.H.J. Glen sitting in the County Court at Southampton on 18th and 19th March 2024.
The Claimant, KB, suffered serious left lower leg injuries when his motorcycle collided with the Defendant’s coach at a designated vehicle turning point on The Broadway in Winchester on 22nd April 2019. Liability was hotly contested. The Claimant’s provisional Schedule of Loss exceeded £1 million.
The claim was dismissed at the liability trial. The Claimant failed to beat two CPR Part 36 liability offers made by the Defendant.
Andrew commented that: “It is pleasing to have knocked out a £1 million claim. Various points were put to the Defendant’s driver under cross-examination about checking his mirrors that would have amounted to a counsel of perfection. That is not the test. The Court accepted that the Defendant’s driver drove with reasonable care and skill. The law requires nothing more.”
Andrew was instructed by Khalid Mahmood, Legal Director, of Clyde & Co.
