Motor Liability in 2021

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Motor Liability in 2021

Published 18 January 2022

2021 has provided a bumper crop of motor liability cases and in this retrospective we bring together in one place a number of the most significant and the more interesting decisions. Cases are grouped into the following sections:

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Claims that failed

Issues that arose include whether a club’s yard was a public place for the purposes of compulsory insurance, safe distances around pedestrians when passing, the responsibilities of vulnerable road users and the state of the carriageway.

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Claims involving findings of contributory negligence

Cases in this section involved intoxicated pedestrians and passengers, vehicles emerging from side roads and child pedestrians.

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Claims that succeeded in full

The case covered in this section considered the state of a worn and polished manhole cover and the liability of the relevant highway authority.

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Apportioning liability

Here the court had to consider the respective liabilities of two drivers involved in an accident in which the claimant, a pillion passenger of one, was injured.

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In the cases, save where stated otherwise, the original claimant will be referred to as “C” and original defendant as “D”.

Authors

Peter Allchorne

Peter Allchorne

Bristol

+44 (0) 117 918 2275

Kevan Smith

Kevan Smith

Birmingham

+44(0)121 698 5361

Stephanie Welsher

Stephanie Welsher

Newport

+44 (0) 163 365 7882

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