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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71138
Experience:  Over 5 years in practice
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My son as just been to court about a road accident where

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My son as just been to court about a road accident where a car pulled out on him at a roundabout. The judges statement at the end was although my sons account was the more likely, his opponent was more confident and put her case better he would award the case to her, Daniel my son was hardly allowed time to speak to put his case across due the opponents constant what I can only describe as bullying tactics. My son is naturally a nervous person when it comes to speaking but is intelligent attending University doing computer hardware and software engineering. Although he does have to work on his confidence and is doing so. He was told before hand the trial was just an informal affair and he just had to answer some questions this was definitely more than that. I am sure it is not allowed that a case should be won on how well a person can present a case also there were wittiness's letters which should have been sent to us which weren't. and were not about the accident but about what was said afterwards all untrue and is what the case was based on and not the actual crash.
Daniel is now badgering me to allow him to appeal the Judges decision I said let sleeping dogs lie, the opponent knows she is wrong and next time it will be against a more confident person, Daniel knows his short comings but he also says he didn't fully understand the court workings and had he had a break to think he could have gone back and been more forthright in his answers, the opponents barrister gave false statements to the judge about what Daniel said in his answers all leading.
Daniel had 3 passengers in the car who did not turn up to the trial because they thought it an open and shut case so preferred to go to work and were shocked at the out come. They are now prepared to attend court with Daniel.
This is an account of the trial written by my elder son who is more confident he too is at Uni studying Aerospace engineering he is 1 year older. Who was at the trial he too is out raged at the decision.
Is this something that can be or is worth fighting against or like me let it go?
Thank you
Is this something that is worth appeal
Was this a criminal trial ? For what?
Customer: replied 2 years ago.
A car accident a car pulled out on him at a roundabout to put it simply
Ok. So was this a criminal trial?If so, for what?
Customer: replied 2 years ago.
To find who was at fault
and it was a small claims court
Why weren't the insurers dealing with this?
Customer: replied 2 years ago.
Yes this is why i say let sleeping dog lie
but I wanted to get answers to the questions my sons are asking
I'm not sure what you mean?
Customer: replied 2 years ago.
It was the insurers who had taken this to court, however the trial seemed unfair I am having to answer questions of my sons as to why when they know themselves who is to blame could a trial be lost due to lack of confidence
Customer: replied 2 years ago.
my sons are 19 and 20 years
Customer: replied 2 years ago.
Are you still there
Customer: replied 2 years ago.
I would rather you say you had finished than keeping quiet or has our connection failed
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of the list.
Customer: replied 2 years ago.
Customer: replied 2 years ago.
Have you sent any replies since I said sorry as I hear a bell but nothing is written
If this is a hearing to deal with civil liability defended or brought by the insurers then they are liable rather than him.
They are liable on his behalf.The effect of that is that they will be the party to this action rather than him and so he cannot appeal as he has no locus to the litigation. I suppose he could seek
a judicial review of the decision as interested party but that is an expensive action with a high legal test.
In principle he could bring a civil claim against the other driver but I wouldn't recommend it. That will expose him to the risk of costs and it isn't likely to fare better than this decision did.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
Yes I realise that, that it is to see which insurers pay. That is clear it is as I thought but I like to get my facts straight when talking to my sons, and if you have managed to read what my son as written He wasn't asked to, you might understand why. :) Thank you Rachel
No, he wouldn't be asked. It is a decision for the insurers.
Customer: replied 2 years ago.
No sorry ~I meant my son wrote the account of the court scene without being asked and this is why I want to get solid facts
Customer: replied 2 years ago.
My elder son that is he was there at the hearing
Customer: replied 2 years ago.
unfair trial by William Pett
Ok, but your question above was whether he could appeal?And he cannot because the insurers are the parties to the litigation.
Customer: replied 2 years ago.
Yes Thank you I understood that. Its just i was just explaining why I was asking and seeing whether there was anything more you could add to say to them, as to why could the lose a case due to lack of confidence as the Judge said in summing up despite it being more likely that he was telling the truth, It has rocked their view of our court systems and mine come to that, not to mention the passengers in the car, I wouldn't have spent £49 if The facts of the accident didn't prove the opponent was lying how it happened it was prooved there on the table with photo evidence to the damage to the cars.
You can always complain to the insurance company.Sometimes district judges do make bad decisions though and it is not always worth appealing.
Customer: replied 2 years ago.
Thank you I can now give my answers with conviction It has been 3 days now since the trial but things seem to be still tense about the out come, despite me trying to calm their thoughts. They need to move on and start a new story in their lives. I might invest in a camera for his car to help him, I have also today found out the results of his black box which he now has in his car to Which I am very impressed with he has 100 bonus miles which makes him in the top 20 safe drivers all points are from his driving ability: as I said another chapter Thank you again Rachel
Yes, sometimes district judges do get these things wrong. I wouldn't take it personally.
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