CIVIL AND CRIMINAL LITIGATION

Civil and Criminal Litigation

Civil and Criminal Litigation

Introduction -Brief Summary of Case

From the information received by Mr. Scott, a report needs to be prepared concerning the road traffic accident, which took place on the 8th April 2012. This report will endeavour to deal with all the significant and relevant factors in relation to a civil action for a personal injury claim taken against our client, and all the possible solutions to be taken. The course of action needs to be supported by relevant statutory provisions.

Facts of the case

The accident took place on the 8th of April 2012 when Mr. Scott was on his phone whilst on his way back home, A motor bike came out of Caldwell road( a side road to the main road that Mr. Scott was travelling on) and hit Mr. Scott vehicle on the near side (passenger side nearest the pavement). Police and ambulance were called to the scene. As a result of the accident he suffered bad bruising to his right arm. Mr. Scott was breathalysed and it was confirmed that he had not been over the legal alcohol limit for driving. He was however charged with careless driving as he had been on the phone at the time of the accident found with no insurance The claimant was found to be driving without a helmet and sustained whiplash, a broken leg, and a broken nose. He also lost two teeth and had cuts on his face and arms.

Aims

Subsequent to checking Mr. Scott's file, this report will focus on the appropriate issues involved for the initiation of his civil action for personal injury along with areas which may affect the claim. This will be done keeping the Civil Procedure Rules and the Pre-action Protocols in mind.

Objectives of The Case

Scott got a letter from Mr Marshall's solicitors (Always & Takers) stating they held him to be responsible for the accident. Yesterday (8th May 2012), he attended Barkingside Magistrates Court where he was found guilty of careless driving contrary to section 3 of the Road Traffic Act 1988.

This report aims at setting out the main issues involved in the civil action against him, for personal injury (together with actions and/or solutions to be taken, where appropriate, on Mr. Scott behalf)

It would also be necessary to discuss to about the losses Adina Marvells would want to claim and then give her estimates of how much she might possibly be compensated. Ms Scott would also need to be notified of the issues concerning contributory negligence.

Also in order to achieve the best possible result from the claim Article 8 of the ECHR would also be included because Ms Scott believes that she might possibly be scared for life which would of course effect her daily life, her personal and even possibly family life.

Recommendations

Prior to starting Mr. Scott's case the firm's database will have to be searched in order to establish that we are not handling the case for the other parties ...