Locating The Right Defendant
We have recently completed a personal injury claim for a client who fell off his bicycle when cycling along a cycle path through Ipswich docks. The front wheel of our client’s cycle caught in an old railway track which crossed the cycle path, causing him to fall off and suffer a wrist injury.
There were considerable difficulties in ascertaining the relevant body with responsibility for the rail track which caused the accident. Upon investigation our personal injury solicitor believed that Suffolk County Council had the relevant responsibility for the area and the cycle path but the County Council disputed this and sought to blame Ipswich Borough Council and also Network Rail.
As a consequence, we needed to issue court proceedings against all 3 organisations in order to protect our client’s position. A large amount of documentation was provided by each Defendant in support of its respected position, but upon analysis of this documentation, we were able to establish that the area of land was owned by Suffolk County Council and although Network Rail had the right to maintain the rail in question they did not have an obligation to do so. Eventually, Suffolk County Council accepted that they had the relevant responsibility and agreed to settle our client’s claim in full and come to an agreement with the other Defendants in respect of their costs incurred in the proceedings.