APIL Guide to RTA LiabilityFROM £69.00
An indispensable book for all PI practitioners
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This new edition has been thoroughly updated and includes coverage of developments in law and practice, including:
- Claims made in the UK arising from foreign accidents
- New EC directive consolidating all old RTA Directives
- Pedestrians run down when drunk
- Failure to wear a seat belt.
- What is a motor vehicle? Trail bikes and electric trikes
- As well as a new section containing draft model pleadings
- Incidence of RTA Claims in England and Wales
- RTA Liability - General Principles
- Low Velocity Crashes
- Liability for Learner Drivers
- Owners’ Liability
- Passengers’ Liability
- Driver’s Liability – Speed and Braking
- Driver’s Liability – Overtaking
- Driver’s Liability – Turning and Side Roads
- Driver’s Liability – Lighting
- Driver’s Liability – Traffic Lights
- Driver’s Liability – Road Sign
- Driver’s Liability – Roundabouts
- Pedal Cyclist’s Liability
- Motor Cyclist’s Liability
- Emergency Vehicles’ Liability
- Pedestrians’ Liability
- Liability of Children and Schools
- Local Authority Liability
- Roadside Neighbours’ Liability
- Liability for Injuries Caused by Animals in Road Traffic Accidents
- Liability for Spillages and Obstructions on the Highway
- Public Service Vehicles
- Road Traffic Accidents Abroad
- Insurers’s Liability
- Motor Insurers’ Bureau’s Liability
“an absolute gem...this will now be my book of first choice when I need to check on the finer points of road traffic liability”From the Foreword to the First Edition by Amanda Stevens, Former APIL President
"Larger, Better & More Informative for the RTA/PI practitioner....the book of first choice when you need to check on any of the finer points of road traffice liability law....a very clear and user friendly format....the second edition is something we cannot be without when conducting RTA trials and advising in this contentious area od litigation"Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambersfor the full review click here
I am very grateful to the barristers at 9 Gough Square for applying their considerable experience to producing the second edition. It is larger, better and more informative and I hope that readers around Great Britain will find this text useful in their day-to-day practices.
If readers find any errors or omissions please feel free to email me at firstname.lastname@example.org and we will consider them for the third edition.
Andrew Ritchie QC,
9 Gough Square, London, EC4A 3DG
All Barristers, 9 Gough Square, London
Buses have accidents. So do coaches and mini cabs. The normal principles of negligence apply. The injured passengers and other persons affected by such negligence can sue the Public Service Vehicle (‘PSV') provider for the negligence of its employee.
23.2 No exclusion of liability allowed
When we buy a ticket for a journey on a PSV, we are entering into a contract for carriage. We look at the small print on the back of the ticket and we will find all sorts of terms and conditions. However, contracts for carriage cannot seek to limit the liability of the service provider for death or personal injury caused to a passenger. That is no more than a statement of the words set out in s 2(1) of the Unfair Contract Terms Act 1977, which provides that no contract is capable of limiting such a liability.
That provision is replicated in specific terms in relation to contracts of carriage by PSV by s 29 of the Public Passenger Vehicles Act 1981, which states that insofar as any contract for the conveyance of passengers by PSV seeks to limit such a liability, it shall be void. A PSV is defined in s 1 of the Act as any motor vehicle, save for a tram, which:
‘(a) being adapted to carry more than eight passengers, is used for carrying passengers for hire or reward, or (b) being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.'
This chapter is not limited to accidents which occur on public transport; the principles also apply to a private hire coach or London buses.
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