Seamus Brendan Elliott (a minor) by his father and next friend Daniel Elliott v Geoffrey Laverty and Daniel Elliott
| Jurisdiction | Northern Ireland |
| Judge | Higgins J |
| Judgment Date | 18 January 2006 |
| Neutral Citation | [2006] NIQB 97 |
| Date | 18 January 2006 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2006 |
1
Neutral Citation no. [2006] NIQB 97 Ref:
HIGF5459
Judgment: approved by the Court for handing down Delivered:
18/1/06
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN:
SEAMUS BRENDAN ELLIOTT ( A MINOR)
BY HIS FATHER AND NEXT FRIEND DANIEL ELLIOTT
Plaintiff;
-and-
GEOFFREY LAVERTY
Defendant;
DANIEL ELLIOTT
Third Party.
__________
Higgins J
[1] On 9 November 1994 the minor plaintiff was a front seat passenger in a
Nissan Urvan driven by his father ( the Third Party) when it was in collision
with a Nissan Micra motor car driven by the defendant as a result of which
the plaintiff sustained serious injuries. The van was being driven along
Tullaghan’s Road near Dunloy village, when the motor car emerged from a
side road side road on the Third Party’s right hand side and collided with the
front offside of the van. The van was pushed to its left, travelled down a four
foot embankment, through a fence and came to rest in a private garden. Both
the plaintiff and the Third Party were injured. The plaintiff was taken to
Coleraine Hospital and eventually to the Royal Hospital for Sick Children in
Belfast. The police arrived after the plaintiff had been removed by ambulance
from the scene to hospital. The investigating officer found the windscreen
2
was missing from the vehicle, but that both seat belts in the front of the van
were in working order and in the recoiled position.
[2] The particulars of personal injuries in the statement of claim disclose
that the plaintiff suffered -
a displaced supracondlylar fracture of the left femur;
a displaced sub-trochancteric fracture of the right femur
a comminuted, displaced supracondylar fracture of the left
humerus and
numerous lacerations to the scalp and numerous abrasions to
his lower legs; and
a significant head injury resulting in epileptic problems.
His left elbow is now misshapen with a varus deformity of up to 15 degrees
and he suffers from slight loss of flexion. He has residual scarring at the
fracture sites where pins required to be inserted.
[3] The defence to the statement of claim denied liability but alleged the
plaintiff was guilty of contributory negligence. The defendant was convicted
of careless driving.
[4] The plaintiff was born on 4 January 1986 and at the time of the accident
was eight years and ten months. The writ was issued on 20 March 1997 and
the statement of claim was delivered on 2 December 1997. The defence was
served on 22 December 1998. On 17 November 2000 the defendant obtained
an order on consent for disclosure of the plaintiff’s hospital and medical
notes. A notice for further and better particulars dated 7 January 2002 was
sent to the plaintiff’s solicitors. The Notice required the plaintiff to furnish
further and better particulars of certain matters arising out of the Statement of
Claim. The second matter in the Notice was in these terms –
2. State whether or not the plaintiff was wearing a seat belt.
On 5 February 2002 the plaintiff replied –
“2. Although not absolutely certain of the fact, the
plaintiff’s next friend believes that the plaintiff was
wearing a seat belt.”
The plaintiff’s next friend was his father, the Third Party.
[5] On 4 February 2002 the defendant obtained leave to issue and serve a
Third Party Notice on the plaintiff’s father. In the Third Party Notice, dated
12 February 2002, the defendant claimed to be indemnified against the
plaintiff’s claim or to receive such contribution as the court should seem
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2 cases
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EMS (A Minor) v ES and Others
...v Williams [2013] EWCA Civ 455. [15] In Northern Ireland a similar approach has been taken: see Elliot (A Minor) v Laverty and another [2006] NIQB 97; KW (a Minor) v Bolton [2009] NIQB 39. The Context in More Detail 7 [16] In order better to understand the context in which the issue the cou......
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KW (a minor), by LW, his sister and next friend [and Four Others] v Bolton (Kenneth) and DW
...–v- Butcher [1975] 3 All ER 520 and the helpful exposition of this topic in the judgment of Higgins J in Elliott (a minor) –v- Laverty [2006] NIQB 97, paragraphs [17] – [22] Higgins J adopted the approach of the English Court of Appeal in Jones –v- Wilkins (infra) and I refer particularly t......