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PI Brief Update

The English Claimant and the French Uninsured Tortfeasor: Claims Against the MIB - Matthew Chapman, 1 Chancery Lane

08/12/15. Marshall & Pickard v MIB & Others [2015] EWHC 3421 (QB). These claims arose out of a road traffic accident in the municipality of Thiais, France on 19 August 2012. Mr Pickard, a UK national domiciled in England (now and at the time of the accident), was the driver of a Ford Fiesta. Mr Pickard had a passenger in the Ford Fiesta: another English domiciled UK national, Paul Marshall. While driving southbound on a 3-lane French motorway (the A86) the Ford Fiesta lost a wheel. Mr Pickard pulled over to the hard shoulder and contacted both the police and a recovery company. Subsequently, a recovery truck attended the scene and Messrs Pickard and Mr Marshall stood outside the Ford Fiesta in the hard shoulder while the wheel was changed.

They wore fluorescent tabards while they did so. There was a warning triangle in place to alert passing motorists to the presence of the stricken vehicle and the Ford Fiesta’s hazard warning lights were also flashing. The recovery truck was parked in front of the Ford Fiesta (to the oncoming traffic) and was also flashing its hazard lights. The recovery truck driver had placed warning cones alongside the Ford Fiesta. Suddenly, a Peugeot 106 motor vehicle drove off the A86 and into collision with Mr Pickard, Mr Marshall and the stationary Fiesta. The Peugeot collided with Mr Pickard and flung him further up the road and away from the stationary vehicles...

Image cc flickr.com/photos/61533954@N00/3318548951/

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.