In Palmer v Timms [2024] EWHC 2292 Andrew Roy KC appeared for Louise Palmer, widow of Simon Palmer, in this trial before HHJ Picton, sitting as a judge of the High Court. Andrew was instructed by Richard Geraghty of Irwin Mitchell.
The claim arose out of a road traffic collision which occurred during rush hour on 20 June 2019 on the A1 Holloway Road in Archway, London N19.
Mr Palmer had been riding his motorcycle to work at Lloyds Bank. He was filtering on the nearside of a slow-moving line of traffic. Having overtaken several other vehicles on the nearside he attempted to do the same with a DAF lorry being driven by the defendant. As he did so the defendant moved slightly left into Mr Palmer’s path. Tragically, Mr Palmer died as a result of the ensuing collision.
The claimant’s case was that the defendant intentionally obstructed Mr Palmer’s path thereby committing trespass to the person. In the alternative she alleged that the defendant’s manoeuvre was negligent. The defendant’s case was that he reasonably moved left in order to allow another motorcyclist to pass on his offside. In the alternative, he alleged contributory negligence.
Quantum had been agreed subject to these issues at £2,200,000.
The judge found that the defendant had been negligent and entered judgment subject to one third contributory negligence.
The claimant having made an effective Part 36 offer, she recovered a total compensation of £1,586,752 consisting of £1,466,667 net damages, Part 36 interest of £45,085 and a Part 36 additional amount of £75,000.
The defendant was ordered to pay the claimant’s costs on the standard basis up to the expiry of the Part 36 offer and on the indemnity basis thereafter. He was also ordered to pay interest on the latter costs at 11% per annum.
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