Success for Gerard Martin QC in liability only trial
June 25, 2015
Gerard Martin QC from Exchange Chambers has successfully acted for a badly injured cyclist in a liability only trial.
In Sinclair -v- Joyner  EWHC Civ 1800 (QB) the claimant was badly injured whilst riding a cycle. As she is now in a minimally aware state, she was not able to give evidence. Both parties called expert evidence in addition to the lay evidence with Mrs Justice Cox criticising the defence expert and ruling in favour of the claimant.
Commenting on the case, Gerard Martin QC said:
“The evidence and selection of experts was vital in this case.
“The reports and evidence provided by the defence expert, Mr Newton, raised matters of concern and exceeded its proper parameters.
“His academic qualifications were also limited, on his own admission, to the military equivalent of the core O’level subjects.”
Concluded Gerard, who took on the case just six weeks before trial:
“While this is a satisfying result, his case should never have been allowed to get as far as trial.”