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Successfully won my County Court Case

by JJAY1603

04 Aug 2017

In Feb 2016, my car was damaged by a pothole. The council denied liability citing the usual Section 41 and 58 defence. The matter has been drawn out for 18 months finally arriving at a County Court hearing which I am very pleased to say I won fully (They even tried on an additional complicit negligence piece).

Tips: (Some obvious)
- Photos
- Report the fault
- Keep records of all correspondence including times

I tried to mediate at each stage but there was no desire from the defence, so keep records of this as you are ultimately trying to save valuable court cost/time.

- Structure your argument against each of the points of denial

I had Section 41, Section 58 and Complicit negligence, so I had a spiral book with tabs for each point.

- Do your homework ! Check the inspection reports. Become a "Google QC" and look for similar cases. Read them as they can lead you to check into avenues you have not considered.

- Check the road designation and obtain details of the inspection frequency as allegedly carried out by the agency, and cross check this with what is in the Highways Code of Practice.
- Check the quality and accuracy of reporting in the same code.

Note: The code is NOT mandatory, so you will be looking for the defence to provide rationale when they deviate from this.

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Comments (1)

JJAY1603    posted : 04/08/17 at 1.05am

I forgot to mention, the defendant was the London Borough of Hillingdon.

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