Thursday 10 November 2022
By Appellants Notice filed 27 April 2022, the First and Second Defendants (D) appeal the order of Upper Tribunal Ward dated 6 April 2022. sitting as a High Court Judge in the QBD, Leeds District Registry, after handing down his main judgment dated 17 March 2022 and a supplementary judgment dated 6 April 2022 (on the counterclaim)
Claim for personal injury and consequential losses brought by the Claimant, a motorcyclist, arising out of a road traffic accident on 11 August 2019. D counterclaimed for vehicle damage.
The Judge found the First Defendant (insured by the Second Defendant) who was turning right out of a side road onto a main road was under a duty to look to her left for a second time before pulling out and had she done so she would have seen C. The Judge found C was driving over 50mph, over the speed limit, and was 45 % contributorily negligent.