Farah v Abdullahi & Ors [2020] EWHC 825 (QB) (08 April 2020)

Farah v Abdullahi & Ors [2020] EWHC 825 (QB) (08 April 2020)

The court found on the balance of probabilities that the claimant's right tibial plateau fracture was caused by a glancing blow from the Ford Focus in Phase 1, and that the DAI and other major injuries were caused in Phase 4 when the Ford Focus struck the claimant lying on the road. The Mercedes driver's actions did not break the chain of causation from the Ford Focus. The claimant did not jump onto the Mercedes or off it; he was propelled by the sequence of events. The fourth defendant is not liable as the evidence does not establish the sixth defendant was the Mercedes driver. The second defendant (Ford Focus insurer) is liable for the claimant's injuries.

Citation
[2020] EWHC 825 (QB)
Parties
Claimant: Idris Farah (by his litigation friend Fatuma Mohamad); First Defendant: Ahmed Abdullahi; Second Defendant: Probus Insurance Company Limited; Third Defendant (struck Out): EUI Limited; Fourth Defendant: Motor Insurers' Bureau; Fifth Defendant: Osman Elmi
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Personal Injury Road Traffic Accident / High Court Trial Preliminary Hearing on Liability and Causation
Outcome
Judgment for the claimant against the second defendant (Probus Insurance Company Limited). The fourth defendant (Motor Insurers' Bureau) not liable. Claim against third defendant (EUI Limited) struck out. No finding against the sixth defendant as Mercedes driver.
Legal Topics
Personal Injury, Road Traffic Accidents, Causation, Indemnity, Diffuse Axonal Injury, Liability Apportionment
Tort Law Insurance Law Personal Injury Road Traffic Accidents Causation Indemnity Diffuse Axonal Injury Liability Apportionment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Idris Farah (by his litigation friend Fatuma Mohamad)

Claimant

Ahmed Abdullahi

First Defendant

Probus Insurance Company Limited

Second Defendant

EUI Limited

Third Defendant (struck Out)

Motor Insurers' Bureau

Fourth Defendant

Osman Elmi

Fifth Defendant

Procedural Posture

Personal Injury Road Traffic Accident / High Court Trial Preliminary Hearing on Liability and Causation

Legal Issues

  1. 1 Which defendant(s) are liable for the claimant's injuries and for which injuries?
  2. 2 Whether the chain of causation was broken between the actions of the two vehicles?
  3. 3 Whether the claimant's injuries, particularly the DAI, are divisible or non-divisible?

Ratio Decidendi

The court found on the balance of probabilities that the claimant's right tibial plateau fracture was caused by a glancing blow from the Ford Focus in Phase 1, and that the DAI and other major injuries were caused in Phase 4 when the Ford Focus struck the claimant lying on the road. The Mercedes driver's actions did not break the chain of causation from the Ford Focus. The claimant did not jump onto the Mercedes or off it; he was propelled by the sequence of events. The fourth defendant is not liable as the evidence does not establish the sixth defendant was the Mercedes driver. The second defendant (Ford Focus insurer) is liable for the claimant's injuries.

Court Disposition

Judgment for the claimant against the second defendant (Probus Insurance Company Limited). The fourth defendant (Motor Insurers' Bureau) not liable. Claim against third defendant (EUI Limited) struck out. No finding against the sixth defendant as Mercedes driver.

Orders

  • Second defendant to pay damages to the claimant for injuries sustained.
  • Fourth defendant not liable as insurer of the Mercedes.