London Borough of Islington v Said Bourous

London Borough of Islington v Said Bourous

Under the RTA Protocol, defendants cannot raise new objections at Stage 3 that were not raised at Stage 2. The protocol is designed to narrow issues and limit evidence, and parties must bear the consequences of failing to raise or evidence issues at the appropriate stage. Claims for credit hire by taxi drivers need not be dismissed at Stage 3 for lack of loss of profit evidence if the defendant did not object in principle at Stage 2. Bare assertions of impecuniosity may suffice given the limited evidential requirements of the protocol, unless the defendant requests transfer to Part 7 for further scrutiny.

Parties
Appellant/defendant: London Borough of Islington; Respondent/claimant: Said Bourous; Appellant/defendant: Samantha Davis; Respondent/claimant: Khalil Yousaf
Jurisdiction
England and Wales
Judgment Date
16 September 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed; lower court decisions upheld.
Legal Topics
RTA Protocol, Credit Hire, Loss of Profit, Impecuniosity, Stage 3 Procedure, Transfer to Part 7
Civil Procedure Personal Injury RTA Protocol Credit Hire Loss of Profit Impecuniosity Stage 3 Procedure Transfer to Part 7

Case Brief

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Parties

London Borough of Islington

Appellant/defendant

Said Bourous

Respondent/claimant

Samantha Davis

Appellant/defendant

Khalil Yousaf

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether defendants can raise new objections at Stage 3 not raised at Stage 2 under the RTA Protocol
  2. 2 Whether claimants must plead and prove loss of profit or exceptions for credit hire claims
  3. 3 Whether bare assertions of impecuniosity suffice under the RTA Protocol

Ratio Decidendi

Under the RTA Protocol, defendants cannot raise new objections at Stage 3 that were not raised at Stage 2. The protocol is designed to narrow issues and limit evidence, and parties must bear the consequences of failing to raise or evidence issues at the appropriate stage. Claims for credit hire by taxi drivers need not be dismissed at Stage 3 for lack of loss of profit evidence if the defendant did not object in principle at Stage 2. Bare assertions of impecuniosity may suffice given the limited evidential requirements of the protocol, unless the defendant requests transfer to Part 7 for further scrutiny.

Court Disposition

Appeals dismissed; lower court decisions upheld.

Orders

  • Appeal 1: Appeal against CJ1's decision dismissed; claim remitted for Stage 3 hearing on issues raised in Court Proceedings Pack.
  • Appeal 2: Appeal against CJ2's decision dismissed; permission to argue new ground refused.