Bond Turner

Sara Stanger, Director and Head of Serious Injuries and Public Inquiries, appeared on BBC Breakfast to discuss the devastating events which took place in Southport on 29 July. Credit: BBC

Another Defendant application for permission to rely on forensic engineering evidence has been batted off today, again in Liverpool County Court.   This one was particularly interesting, as the Defendant in this case had been arrested and charged with driving without due care and attention, and CCTV footage of the incident shows the severity. Yet, causation remains “firmly in dispute”.   The forensic report itself was one of the worst examples I have come across, and merely suggested there was ”no visible damage”, with no conclusions or alternatives provided.   At Court, the Judge found in favour of the Claimant that the expert had not asserted a positive case, and that in his opinion, the evidence from the Claimant’s Engineer was not expert evidence. Therefore, there would not be equality of arms should the Defendant’s evidence be permitted. The Judge also accepted that the application was too late, and the Trial date would undoubtedly be lost.   Application dismissed and costs of £2,100 awarded to the Claimant.   Thanks to Olivia Cox of Atlantic Chambers for her assistance on this matter. Sarah Forde

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Sara Stanger, Director and Head of Serious Injuries and Public Inquiries at Bond Turner discusses the importance of the Public Inquiry. Credit Channel 4 #Channel4News 

Sara Stanger, Director and Head of Serious Injuries and Public Inquiries at Bond Turner discusses the riots and how a legacy of joy and period of calm is ultimately wanted by the families. Credit ITV #GrenadaReports

Sara Stanger, Director and Head of Serious Injuries and Public Inquiries at Bond Turner discusses the importance of the Public Inquiry and the families wishes following the attacks. Credit BBC News #NorthWestTonight

Sara Stanger, Director and Head of Serious Injuries and Public Inquiries at Bond Turner discusses the devastating impact the Southport attack has had on the victims' families. Credit ITV #GoodMorningBritain

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Yesterday Abbie Kenyon from our Bolton Office secured another victory in Clerkenwell and Shoreditch.   Initially, the Defendant disputed liability in their Defence, asserting that they had slowed to a stop when the Claimant collided with the rear of their vehicle. In contrast, the Claimant maintained that it was the Defendant who reversed into their vehicle. However, shortly before the exchange of witness statements, the Defendant’s solicitors confirmed that breach of duty was admitted, though causation and quantum remained in dispute   The Claimant was not impecunious and the Defendant submitted evidence of basic hire rates. However, the only rate provided was with Ugo Scooters, which the Judge determined was not applicable. As a result, the Claimant was awarded the credit rate. Furthermore, the pre-accident value, as well as the recovery and storage, were awarded in full. This led to the Claimant narrowly surpassing their Part 36 offer.   Whilst it is undoubtedly gratifying to secure a judgment that significantly exceeds a Part 36 offer; it is equally rewarding when a Part 36 offer is surpassed, as it reflects the the thorough and accurate evaluation of the claim, highlighting the importance of a well-informed approach throughout the litigation process.   This case is another example of a matter that should have been settled pre-issue, or at the very least, one where the Defendant should have carefully considered the evidence and made a reasonable offer once liability had been admitted. Instead, the Defendant chose to proceed to trial without any offer of settlement, seemingly hoping that the Claimant would be awarded no compensation. However, this approach was not supported by the evidence, which clearly did not justify such an outcome. This decision reflects a significant oversight in the Defendant's strategy, ultimately leading to an unnecessary and costly trial.  

Sara Stanger, Director and Head of Serious Injuries and Public Inquiries at Bond Turner represents the bereaved families from the Southport attacks. She was on GMB this morning discussing the families’ plea for sensitive reporting and for public calm in the immediate aftermath of the sentencing. They are pleased that a Public Inquiry has been announced so swiftly and will investigate how the network of agencies failed to identify the risks posed by Axel Rudakabana and act on those risks. Credit ITV #GoodMorningBritain