Howell v West Midlands Passenger Transport Executive
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE KARMINSKI,LORD JUSTICE BUCKLEY |
| Judgment Date | 08 December 1972 |
| Judgment citation (vLex) | [1972] EWCA Civ J1208-4 |
| Date | 08 December 1972 |
| Court | Court of Appeal (Civil Division) |
[1972] EWCA Civ J1208-4
In The Supreme Court of Judicature
Court of Appeal
Exparte appeal by Catherine Rose Howell from judgment of Mr. Justice Phillips in chambers on 6th October, 1972.
The Master of The Rolls (Lord Denning),
Lord Justice Karminski and
Lord Justice Buckley.
Mr. JOHN BOLLAND (instructed by Messrs. Wedlake Bell, agents for Messrs. Bettinsons of Birmingham) appeared on behalf of the Appellant. Catherine Rose Howe11.
There was no other appearance.
I do not think we need trouble you further, Mr. Bolland.
This is another interesting point under the Limitation Act of 1963. On 3rd January 1963 Mrs. Howell was a passenger in a bus. As the bus was approaching a stopping place in Birmingham she got ready to get off. There was ice and snow on the step of the bus. The bus jerked and she fell on to the road. The wheels of the omnibus ran over her leg. She was taken to hospital and was there for some 3 ½ months.
On 12th January 1963 - Just nine days after the accident when she was still in hospital — a representative called from a firm of assessors called Swann & Moore (Assessors) Ltd. He got her to sign a printed form authorising them to handle her claim. It was in these words:-
" MOTOR ACCIDENT CLAIMS SERVICE
I hereby appoint Swann & Moore (Assessors) Ltd. of 20, Bedford Street, Strand, London, W.C.2 to act on my behalf as Advisers and Agents in connection with a claim for compensation arising out of a recent accident. It is on the understanding that nothing whatever will be payable by me unless the claim succeeds. It is also agreed that even then the charges shall not exceed one-tenth of the amount recovered and that Swann & Moore (Assessors) Ltd. shall continue to act as my personal advisers until the matter has been concluded, I authorise them to investigate the circumstances of the accident and to obtain witness statements and medical evidence as necessary, and to advise me on liability and the worth of the claim. I also authorise them to negotiate a private settlement of the claim subject to my confirming acceptance of the sum offered. I undertake not to discuss the claim with anyone other than the Police, and to refer allcommunications to my said Advisers
Date 12/1/63 Signed C.R. HOWELL (Father or Guardian must sign for a Minok
Full name, age, address and occupation of injured person and whether married or single.
Full Name & Whether Married or Single Mrs. Catherine Rose Howell
Full Address 64/5 Longfellow Road Kings Worton 830 AGE & OCCUPATION 23,yrs Housewife/Part Time S/H Typist If the injuries are serious, it may be some while before they can be properly assessed, but in the meantime we shall lodge the claim and commence a full investigation.
Date, time & place of accident 5.15 p.m. 3/1/63
Describe your injuries briefly Fractured femur right leg Both legs badly bruised
Name & Address of hospital or doctor attending you Selly Oak Hospital B'ham 27
Brief description of accident While waiting to get off a single decker bus with the door at the front, I slipped off and was dragged a short distance, when I had to let go the back wheel went over my legs
(Please give rough sketch overleaf if possible)"
That firm of assessors were "ambulance chasers". I did not know they were still in business after the introduction of legal aid, but it seems that they are. Mrs. Howell signed that document. She gave the date and time of the accident and a brief description of it.
Some months later, in September 1963. the assessors returned the document to her. They said they were not making any progress in the matter of her claim, and there was nothing more that they could do. So she thought she had no claim in law. She and her husband only had small means. They had not got enough money to take the advice of a solicitor. So they did nothing more.
In January 1972 Mrs. Howell got to know of the existence of legal aid. She consulted her present solicitor. She was advised she had a prima facie claim for negligence against the 'buscompany and should seek legal aid to support her claim.
Her claim is far beyond the three years allowed by the ordinary limitation statutes. But she seeks to overcome it by applying for leave...
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Re Harper v National Coal Board (Intended Action)
...convincingly by Lord Morris of Borth-y-Gest in the passage I have quoted. 17 I would add that in the recent case of HOWELL V. West Midlands Passenger Transport Executive (1973) 1 Lloyds Law Reports 199, we expressed the same view where I tried to summarise the position in these words: 18 "A......
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