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Elliot -v- Loake, complaint to the SRA

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  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
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    The_Deep wrote: »
    What's criminal is that PPC's are even trying to assert E v L

    What is criminal is that their solicitors allow it to go to court, lose, and charge their clients for their time.

    However, as the SRA are relaxed about it, until a PPC sues their solicitor, (read PP's latest blog), they are getting away with it.

    But that case seems to be linked to Trevor Whitehouse (see comments from Patrick Trouserfire :rotfl: - wish I'd thought of that name) who at one time, when clamping was banned, was going to sue the Government. He wouldn't know where to start and Gladstones would blow him out in bubbles.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    H+S litigation = Mr Harg,,,,,,,,,,,,,,
    Save a Rachael

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  • zadie
    zadie Posts: 17 Forumite
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    It seems it was acknowledged by AJH Films Ltd that the driver at the time would have been one of their employees. And I suppose in those circumstances in an employee and employer context the tort of vicarious liability may kick in. However, I can't see how this case has any relevance to the 99% of cases on here that relate to private individuals going about their own personal business.

    Anyone got a rebuttal to this?
    Bw Legal using CPS v AJH Film (2015) in their WS in my case where me, a private individual, is being pursued as keeper and therefore liable for driver who was given PCN in a private no fee car park?
  • Castle
    Castle Posts: 4,787 Forumite
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    zadie wrote: »
    Anyone got a rebuttal to this?
    Bw Legal using CPS v AJH Film (2015) in their WS in my case where me, a private individual, is being pursued as keeper and therefore liable for driver who was given PCN in a private no fee car park?
    House of Lords-Morgans v Launchbury 1973 (Owner not vicariously liable for driver's actions: (non employment situation))

    http://www.uniset.ca/other/cs3/1973AC127.html
  • System
    System Posts: 178,348 Community Admin
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    edited 22 January 2017 at 8:24AM
    House of Lords-Morgans v Launchbury 1973 (Owner not vicariously liable for driver's actions: (non employment situation))

    http://www.uniset.ca/other/cs3/1973AC127.html

    Be careful with this. There is a presumption of no contractual arrangements between family members unless specifically agreed as a contractual arrangement. There might be a contractual relation between two non-related individuals/vicarious liability.

    As with every case, it will come down to the facts of the matter. Employment does make a difference. But so will other commercial arrangements.

    E v L was about identity and not liability
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Coupon-mad
    Coupon-mad Posts: 151,891 Forumite
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    zadie wrote: »
    Anyone got a rebuttal to this?
    Bw Legal using CPS v AJH Film (2015) in their WS in my case where me, a private individual, is being pursued as keeper and therefore liable for driver who was given PCN in a private no fee car park?

    I would say the pithy exchange from a Judge at Skipton knocks out bit EvL and AJH Films in one go, of course a keeper isn't liable for the conduct of a driver - there is only the POFA or nothing for 'keeper liability':

    http://parking-prankster.blogspot.co.uk/2017/01/skipton-judge-rubbishes-elliot-v-loake.html

    ''Parking company Rep asserts that Claimant relies on E v L as establishing that keeper was driver on Balance Of Probabilities.

    Judge: “So, if I let someone drive my car, and they went to a petrol station and filled up, then drove off, or if they ran someone over, would I be liable?"

    Rep: “No, because that would be different. That's criminal”.

    Judge: “Well so is Elliot v Loake"
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