Correct approach to determining blame for an accident

Pyrkett v Clement [2011] EWHC 2925 (QB)

Counsel: For the Part 20 claimants: Gordon ExallFor the Part 20 defendants: Michael LemmySolicitors: For the Part 20 claimants: Keoghs LLPFor the Part 20 defendants: Greenwoods

C had been driving her car, in which there were three passengers, along a road which had a number of bends and dips. P had been driving in front of C, and a van had been driving behind her. C had been in the process of an attempt to overtake P’s vehicle, when she was forced to pull back into the lane when she saw another car driving towards them. After several bends in the road, C again attempted to overtake P’s car, but was unable to do so, and she continued driving on the wrong side of the road for some distance when a van drove around the corner and a collision occurred between the van, P’s car and C’s car. C and one of her passengers suffered serious injuries for which C’s insurers paid substantial damages.