CIVIL SKILLS

UNIT 18
GREGORY v PETERS DEFENDANT BRIEF (A)

A STUDENTS ONLY

IN THE COUNTY COURT AT BARNET Claim number BA23 04806

BETWEEN:

MR HOWARD JAMES Claimant

GREGORY

and

MRS HELEN PETERS Defendant

BRIEF TO COUNSEL FOR THE

DEFENDANT

Counsel has herewith:

 Trial bundle (comprising claim form, statements of case, witness statements
and exhibits, agreed extract from Police Accident Report Book, medical
reports, and estimates of parties’ costs for summary assessment.)

 A separate bundle containing (i) an agreed sketch plan, not to scale, showing
the scene of the accident, (ii) an agreed sketch, not to scale, of vehicles’
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 positions on arrival of police, (iii) an agreed map of the Hadley Wood area and
(iv) three agreed photographs.

Instructing solicitors act for the Defendant, Mrs Peters, on the instructions of Royal
Sun Alliance, her insurers.

The circumstances of the accident are set out in Mrs Peters’ witness statement,
which is supported by that of her witness, Mrs Walker.

It appears that the Claimant, Mr Gregory, having signalled that he intended to turn
left, and having flashed his headlights to indicate that she could pull out, suddenly
changed his mind and swerved back into the main road, colliding with her vehicle.
Clearly, if this can be established, the defence and counterclaim should succeed.
Nevertheless, there may be problems. No doubt it will be alleged that Mrs Peters was
somewhat distracted as she was late collecting her children from school, and the
Court may have little sympathy with a motorist who emerged from a side road into
this very busy main road, which is a notorious accident black spot.

Accordingly an offer under Part 36 of £13,000 was made by the Defendant. It had the
usual 21 days relevant period that expired on 27th September 2023. This was
expressed to be in full and final settlement of the claim and counterclaim, including
interest to that date. It has not been accepted.

As a preliminary matter, would counsel please consider whether the pleadings, and
especially the counterclaim, are in order? In particular, should there be a reference to
the map which Mr Gregory apparently had open on his steering wheel? [作为初步问
题，请律师考虑一下诉状，特别是反诉是否合理？特别是，是否应该提及格雷戈里先
生显然在方向盘上打开的地图？]

Mrs Peters and Mrs Walker will attend the hearing. The medical experts will not
attend, pursuant to the order of the District Judge (page 16 of the bundle).

Counsel will be well aware of the provisions of Part 1 of the Civil Liability Act 2018
and the Whiplash Injury Regulations 2021 (SI 2021/642). However, Mr Adowno’s

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written report (at page 42 of the trial bundle) makes very clear that Mrs Peters will
continue to suffer permanent limitation of neck movement. Under section 3, the 2018
Act only applies to injuries with a duration that does not exceed 2 years. Accordingly
it seems to Instructing Solicitors that Mrs Peters’ claim for general damages for pain,
suffering and loss of amenity will not be limited to the statutory figures.

Counsel is accordingly requested to attend the Barnet County Court and use their
best endeavours to obtain judgment for the Defendant on the claim and counterclaim,
with interest and costs.

Counsel is respectfully reminded that any authorities counsel wishes to rely upon
should be sent with their skeleton opening argument to counsel for the Claimant and
to the Judge.

Counsel is asked to take a full note of the judgment in due course.

TALBOT HAWKES
49 Windmill Hill
Enfield
EN1 4JJ

Tel.: 020 8882 3665

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 GREGORY v PETERS

BRIEF TO COUNSEL FOR THE

DEFENDANT

TALBOT HAWKES
49 Windmill Hill
Enfield
EN1 4JJ

Tel.: 020 8882 3665

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From: Talbot Hawkes
To: Counsel
Subject: Gregory v Peters
Date: 19 February 2024

We have spoken to Mrs Peters with regard to the points raised by counsel.

On the day of the accident she had been to a birthday lunch organised by a friend of
hers at Le Café des Amis du Vin, High Barnet. She had one large-ish glass of red
wine with a large meal. She had left in good time, but was delayed by some
roadworks and as a result was a little late in picking up her children.

She had one very bad accident eight years ago, which she seems reluctant[ 不情愿
的] to talk about.

We assume the only reason she did not undergo a roadside test for alcohol is that
the police were anxious to get her to hospital as soon as possible.

Cheers
Ron

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