Colar & Singh v Highways England Company Ltd
| Jurisdiction | England & Wales |
| Judge | His Honour Judge Mithani QC |
| Judgment Date | 30 January 2020 |
| Subject Matter | Civil |
| Court | County Court |
1
IN THE COUNTY COURT AT COVENTRY C32YP685
(sitting in WALSALL)
Before His Honour Judge Mithani QC
B E T W E E N:
Ryandeep Colar
Paul Singh
Claimants
and
Highways England Company Ltd
Defendant
Mr Ian Pennock (instructed by Morrish Solicitors LLP) for the Claimants
Mr Simon Murray (instructed by Government Legal Department) for the
Defendant
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be
taken of this Judgment and that copies of this version as handed down may be
treated as authentic.
………………………………………………………..
2
His Honour Judge Mithani QC
Date: 25 September 2019
THE CLAIM
1 This is a claim in which the Claimants, Ryandeep Colar and Paul Singh,
claim damages for personal injury caused as a result of a tree that fell
over in the path of a car on the A45 Trunk Road which was being
driven by the Second Claimant. The First Claimant, who is the Second
Claimant’s son, was a front-seat passenger in the car. There was also
another passenger in the car, a Mr Jasveer Singh, who was the
brother of the Second Claimant. He too made a claim in these
proceedings. However, he has since discontinued the claim.
2 The stretch of the A45 in question was a dual carriageway with a
central reservation which was lined with tall mature trees planted by
the Defendant.
3 Both claimants suffered injury. The First Claimant, then aged 19, was
seriously injured in the crash. The Second Claimant suffered less
serious injury.
4 The Defendant disputes that it is liable to compensate the Claimants
for their injury. By an order dated 17 January 2018, made in these
proceedings, Deputy District Judge Mullen directed that the issue of
liability in the claim be dealt with as a preliminary issue. The trial of
that issue took place before me over a number of days. This is my
judgment on the issue.
THE FACTS
3
5 As the circumstances of the accident are agreed, they only need brief
mention by me.
6 The accident occurred along the A45 dual carriageway between Rugby
and the Stretton roundabout in the direction of Rugby. The central
reservation of the stretch of road in question was lined with tall
mature trees planted by the Defendant. A number of the trees were
lime trees. They included a tree, described in the papers as a T1:
European Lime; Tilia X Europaeas Tilaceae, which was approximately
17 metres tall, with a 10-metre crown spread and 540 mm stem
diameter at the base (“the Tree”).
7 The Second Claimant was driving his motor vehicle (a Peugeot 307,
registration number LX08 SBV) along this stretch of the road at
around 6 pm on 18 December 2013. The First Claimant was a front
seat passenger in the car. His uncle, the Second Claimant’s brother,
was in the rear passenger seat, sat behind the First Claimant.
8 There was no street lighting along this stretch of the road. The Second
Claimant was driving in the offside lane of the dual carriageway with
the barrier for the central reservation to his right. He was driving at a
speed of approximately 50 mph when the Tree fell on to the
carriageway into the path of his motor vehicle. The motor vehicle
collided with the Tree at speed and, as I have indicated, both
claimants were injured as a result of the accident, the First Claimant
having sustained very serious injury. I should make it clear at the
outset that while the injury suffered by the First Claimant would
undoubtedly engender the sympathy of the Court, that fact should be
disregarded completely when deciding whether the case of the
Claimants on the issue of liability is made out.
9 Although in its Defence, the Defendant alleged that the Second
Claimant had been guilty of contributory negligence, that allegation is
no longer relied on. The only issue for the court, therefore, is whether
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