CIVIL LITIGATION

Civil Litigation

Civil Litigation

Main Issues

The main issue that has been raised in the case is related to Scott. He had not been over the legal alcohol limit for driving, he would nevertheless be charged with careless driving as he had been on a mobile phone at the time of the accident, and offences relating to the fact he had no insurance to drive the car.

Apropriate lawsiInvolved In the Case

Limitation act 1980

Road traffic act 1988

Solicitors regulatory authority code

The court and legal services act 1990

The access to justice act 1999

Civil evidence act 1968

Civil Action against Scott

In this case scenario, it is clear that Scott is guilty of attempting the harmful act. He was in depression and accepted that he had taken the heavy amount of alcohol and under the influence of which he failed to handle the vehicle, which result Demetrio injured. In this case scenario, Scott is victim of an accident regardless of the kind of damage suffered (physical or personal, or materials) is entitled to compensation. If Demetrio filed a case against him than, court must be requestwed to be pay such compensation and all the damages that includes all the bills of the hospital. On the other hand, there are two ways:

The court: No go to trial, negotiating with the insurance company the amount of compensation. The judiciary: It opens in the event that the accident would constitute a felony or misdemeanour (a criminal) or the company does not provide adequate compensation (civil proceedings), in such cases will be necessary to file the appropriate complaint to be processed in time criminal proceedings or proceedings before the civil courts to claim the amount that is deemed appropriate. The claim will be processed by the so-called 'oral proceedings' or 'full trial' in terms of the amount to be claimed. According to the clause, Scott tries to negotiate outside the court with Demetrio. It is beneficial for both. Scott can take major advantage because; if the case goes on the trial than he is liable to pay the damages as well as can bare the punishment in the court too.

Contributory Negligence

The act of negligence has been done by Scott, in the case. he would nevertheless be charged with careless driving as he had been on a mobile phone at the time of the accident, and offences relating to the fact he had no insurance to drive the car. In the case, Scott failed to comply with traffic signs, traffic lights, or road markings (Road Traffic Act 1988 ). A number of different offences are included in this category, all concerned with breaches of the rules relating to traffic signals as laid down in the Highway Code. All these offences are subject to a fine, endorsement (carrying 3 penalty points under the totting-up system), and disqualification at the discretion of the court. Sometimes charges may also be brought under the head of careless and inconsiderate driving or dangerous driving , depending on the circumstances. It is also an offence not to comply with ...