8th February 2019
Ben Ramsey of Jason Elliott Associates, representing the Defendant, Miss Dawson, has secured a resounding victory following a successful submission of No Case to Answer at South Shields County Court.
Following a fall into a busy road as a result of a spooked horse, Miss Dawson was struck by the Claimant’s car, resulting in a soft tissue injury to her hand. Unfortunately, the Claimant’s car also suffered some minor damage.
Despite the incident being caught on dash cam footage showing Miss Dawson’s fall, the Claimant proceeded to bring a claim against Miss Dawson for the costs of the repair to his £27,000 Golf GTI.
The Court heard the Claimant’s case that Miss Dawson’s negligence had resulted in damage to the six months old vehicle, rather than a simple accident where his vehicle struck Miss Dawson causing injury.
Before Mr Ramsey was instructed, Miss Dawson had filed her evidence as a litigant in person. Unfortunately due to the complexity of the Civil Procedure Rules this was filed out of time and Mr Ramsey had to present Miss Dawson’s case with no defence.
Upon cross-examining the Claimant, it became clear to Mr Ramsey and the Court that there had been a systematic failure by the Claimant to file any appropriate evidence to establish his case. In addition, the claim was for a largely inflated sum of £1700, despite the Claimant already being reimbursed by his insurance company for £1200. No insurance documentation or expert engineer reports were ever filed with the Court.
Following on from this, Mr Ramsey successfully submitted that without any documentation to join the dots from A to B, this claim should fail. Judgement was made in Miss Dawson’s favour.
Miss Dawson states she ‘found the whole experience stressful and daunting’ and commented that Jason Elliott Associate had delivered an ‘exceptional service and went above and beyond what was required’.
If you wish to instruct Mr Ramsey or another member of the advocacy team please contact the clerks on: 0191 447 4389 or [email protected]Back to News & Insights