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Low Velocity Impact Road Traffic Claims

PRACTICE NOTE 

 

LOW VELOCITY IMPACT ROAD TRAFFIC CLAIMS

 

 

This Practice Note replaces the Practice Note issued by McCombe J on 14 March 2006 (as subsequently amended)

 

Notwithstanding the observations of Brooke LJ in Kearsley v Klarfeld [2005] EWCA Civ 1510, it has not been possible to identify suitable test cases, but there is a continuing need to maintain consistency of case management in these claims.

 

Accordingly, Irwin and Ryder JJ, as Presiding Judges on the Northern Circuit, with the concurrence of Moore-Bick LJ (as Deputy Head of Civil Justice), have directed that on the Northern Circuit, where in any of these claims there are applications to adduce expert evidence of an engineering and/or medical nature on the issue of whether the alleged injury to the claimant has been suffered or for such evidence to be given orally at trial (or any similar question), such applications should be listed before the relevant Designated Civil Judge, or one of the judges specified in the next paragraph.

 

At Manchester, His Honour Judge Platts, District Judge Khan, District Judge Smith

 

At Liverpool, District Judge Henthorn

 

At Birkenhead, District Judge Travers

 

 

Dated: 1st FEBRUARY 2011

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