McCausland (Paul) v Arundell (Michael) and AXA Insurance
| Jurisdiction | Northern Ireland |
| Judge | Higgins J |
| Judgment Date | 21 February 2008 |
| Neutral Citation | [2008] NIQB 160 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 21 February 2008 |
| Year | 2008 |
1
Neutral Citation No.
[2008] NIQB 160
Ref:
HIG7037
Judgment: approved by the Court for handing down
Delivered:
21/2/08
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
Between:
PAUL McCAUSLAND
Plaintiff;
-and-
MICHAEL ARUNDELL and AXA INSURANCE
Defendant;
________
HIGGINS J
[1] This is a claim for compensation for personal injuries sustained in a
motor cycle accident which occurred on 19 May 2001 on the main road
between Limavady and Coleraine, sometimes known as the Broad Road. On
30 May 2006 Master Wilson ordered a separate trial of the issues of liability
and damages. The issue of liability came on for hearing and on 12 December
2006 a judgment was handed down by this court in which the first defendant
was found to have been negligent. Questions relating to contributory
negligence were adjourned for further investigation of the pleadings. The
issue relating to damages remains outstanding, though by an amended
statement of claim the plaintiff claims special loss in excess of £1.1 million. No
order or final order has been drawn up. In January and February certain
events occurred which resulted in an application to adduce further evidence
relating to the issue of liability. This application was granted. Further
evidence was adduced at a later date and this judgment considers the
implications of that further evidence.
[2] The motor cycle accident occurred on a sweeping right hand bend at
the top of the mountain between Limavady and Coleraine. The plaintiff and
his companions were travelling towards Coleraine to attend a motor cycle
event which had been organised in place of the North West 200 motor cycle
2
races which had been cancelled due to foot and mouth disease. Police officers
attended the scene of the accident but were unable to ascertain precisely what
had occurred. The plaintiff was unconscious and removed to hospital. Only
the plaintiff’s motor cycle was damaged and no other vehicle was alleged to
be involved. The plaintiff’s brother, who did not see the accident, informed
the investigating officer that the wheels on the plaintiff’s motor cycle locked
out, causing the crash. That apart no-one was able to inform the police about
the circumstances leading to the accident. At the hearing on liability the
plaintiff’s case was that his companions were his brother Martin, Brian
Donnelly and Michael Arundel, the first defendant.
[3] The plaintiff was seriously injured and spent a long time in hospital
initially in Coleraine and later in Omagh. He has no memory of the accident
itself. Following the accident the plaintiff inquired frequently whether any of
his companions had struck him from behind and caused the accident. He
could not understand how he, an experienced motor cyclist, could have left
the road, travelled across a lay-by and crashed into a post in the hedge at the
side of the carriageway. About nine months after the accident the first
defendant admitted that the front wheel of his motor cycle had touched the
rear wheel of the plaintiff’s motor cycle causing the accident. The first
defendant was insured with the second defendant and his insurance related
to a dark green Yamaha XJ900S Diversion motor cycle. At the trial on the
liability issue the first defendant admitted that the front wheel of his motor
cycle had ‘tapped’ the rear wheel of the plaintiff’s motor cycle. The second
defendant, who had been joined as a defendant by order of the Master on 6
October 2005, disputed this account and alleged that this was a fraudulent
claim. Evidence was given by the plaintiff, his brother Martin, Brian Donnelly
and Michael Arundel. Several paragraphs of the judgment summarise the
substance of their evidence relating to the accident.
[1] On 19 May 2001 the plaintiff set off from
Omagh with his brother Martin and Brian Donnelly to
travel via Limavady to Coleraine to attend a motor
cycle show. Each was travelling on his own motor
cycle. They stopped at a café outside Strabane for
breakfast where by coincidence they met the first
defendant Michael Arundell who was also travelling
on his motor cycle to the same show. The plaintiff and
the first defendant were acquaintances mainly
through their interest in fishing. The first defendant
was riding a touring motorcycle and the plaintiff a
lighter but faster Kawasaki 600cc. After leaving the
café the party proceeded together towards Coleraine.
Martin was often in the lead. There was a lot of traffic
on the road including other motorcyclists. About
midway between Limavady and Coleraine the road
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