VAKHARIA and Ors v BUKOWSKI and Ors

VAKHARIA and Ors v BUKOWSKI and Ors

The Part 20 Claimants failed to prove that the engine management light was illuminated when Mr Ige left the ERA or that he was negligent in rejoining the motorway. Mr Ige acted as a reasonably careful and competent driver would have done in the circumstances by stopping in the ERA, restarting the vehicle (which cleared the warning light), and rejoining the motorway when the vehicle appeared to function normally. There was no breach of duty and no basis for contribution from the Part 20 Defendants.

Parties
Claimant: Mr Ayush Vakharia; Claimant: Mr Shivam Shahji; Claimant: Mr Shehzan Mohammed; Claimant: Mr Bashir Ahmed; Claimant: Ms Yasmin Ahmed; Claimant: Miss Suhila Ahmed; Claimant: Miss Sara Ahmed; Defendant/part 20 Claimant: Mr Wojciech Stanislaw Bukowski; Defendant/part 20 Claimant: Powszechny Zaklad Ubezpieczen S. A.; Third Party/part 20 Defendant: Mr Ayoade Ademonla Ige; Fourth Party/part 20 Defendant: Zurich Insurance plc
Jurisdiction
England and Wales
Judgment Date
25 March 2022
Procedural Posture
Civil Road Traffic Accident/contribution Claim / Judgment After Trial on Liability and Apportionment in Part 20 Claim
Outcome
Part 20 Claim dismissed; no contribution ordered against Mr Ige or Zurich Insurance plc.
Legal Topics
Negligence, Road Traffic Accidents, Contribution Between Tortfeasors, Standard of Care, Highway Code, Apportionment of Liability
Tort Civil Procedure Insurance Negligence Road Traffic Accidents Contribution Between Tortfeasors Standard of Care Highway Code +1 more

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Parties

Mr Ayush Vakharia

Claimant

Mr Shivam Shahji

Claimant

Mr Shehzan Mohammed

Claimant

Mr Bashir Ahmed

Claimant

Ms Yasmin Ahmed

Claimant

Miss Suhila Ahmed

Claimant

Miss Sara Ahmed

Claimant

Mr Wojciech Stanislaw Bukowski

Defendant/part 20 Claimant

Powszechny Zaklad Ubezpieczen S. A.

Defendant/part 20 Claimant

Mr Ayoade Ademonla Ige

Third Party/part 20 Defendant

Zurich Insurance plc

Fourth Party/part 20 Defendant

Procedural Posture

Civil Road Traffic Accident/contribution Claim / Judgment After Trial on Liability and Apportionment in Part 20 Claim

Legal Issues

  1. 1 Whether Mr Ige was negligent in driving the Kia out of the Emergency Refuge Area (ERA) before coming to a halt in a running lane of the M1;
  2. 2 Whether such negligence was a cause of the accident;
  3. 3 Whether the Part 20 Defendants should contribute to the damages claimed by the Claimants and, if so, at what level

Ratio Decidendi

The Part 20 Claimants failed to prove that the engine management light was illuminated when Mr Ige left the ERA or that he was negligent in rejoining the motorway. Mr Ige acted as a reasonably careful and competent driver would have done in the circumstances by stopping in the ERA, restarting the vehicle (which cleared the warning light), and rejoining the motorway when the vehicle appeared to function normally. There was no breach of duty and no basis for contribution from the Part 20 Defendants.

Court Disposition

Part 20 Claim dismissed; no contribution ordered against Mr Ige or Zurich Insurance plc.

Orders

  • Part 20 Claim dismissed;
  • No order for contribution against Mr Ige or Zurich Insurance plc.