IN THE HIGH COURT OF JUSTICE Claim No.
2021 HC 9799
QUEEN’S BENCH DIVISION
BETWEEN
MR PATRICK ROBERT GRAYSON
Claimant
and
ESSEX COUNTY COUNCIL
Defendant
DEFENCE
1. Unless otherwise indicated, in this Defence:
(a) the Defendant uses the same terminology as the Claimant has employed in
the Particulars of Claim; and
(b) all references to paragraph numbers are to paragraph numbers contained in
the Particulars of Claim.
2. Paragraphs 1 to 4 are admitted.
3. The Defendant is unable to admit or deny the circumstances of the Claimant’s
accident as alleged in paragraphs 5 and 6, or at all and requires the Claimant to
prove the same.
4. It is denied that the Defendant, its servants or agents were negligent or in
breach of statutory duty and/or that the condition of the highway constituted a
nuisance as alleged in paragraphs 7 and 8, or at all.
PARTICULARS
(a) The Defendant inspected the B1393 at intervals of 1 month from a slow-
moving vehicle.
(b) Prior to the Claimant’s alleged accident, the B1393 was last inspected on 2
March 2021.
(c) At the time of inspection there were no defects in or dangerous conditions
of, the B1293 at the location of the accident.
(d) The Defendant’s inspection regime was reasonable having regard to the
B1393’s classification as a B road.
(e) At all relevant times the Defendant took all such care as was reasonably
required to ensure that the highway was not dangerous to traffic, within the
meaning of section 58 of the Highways Act 1980.
5. Further or in the alternative the Claimant’s accident was caused or contributed
to by the Claimant’s own negligence as follows:
PARTICULARS OF NEGLIGENCE OF THE CLAIMANT
(a) Failed to pay any or any sufficient attention to the surface of the road.
(b) Failed to take any or any sufficient steps to avoid the alleged pothole.
(c) Drove too fast in all the circumstances.
(d) Failed to have or to retain any or any sufficient safe control over his
motorcycle.
(e) Lost control of his motorcycle.
(f) Drove his motorcycle with an over inflated front tyre.
(g) In all the circumstances failed to take sufficient or any care for his own
safety.
6. In respect of paragraph 9:
(a) It is denied, for the reasons set out in paragraph 4 above, that any
negligence and/or breach of statutory duty and/or nuisance on the part of
the Defendant caused the Claimant pain, injury, loss and damage.
(b) The Defendant neither agrees nor disputes but has no knowledge of the
matters contained in the medical report served by the Claimant and in the
circumstances neither agrees nor disputes but has no knowledge of the
items of loss and damage which the Claimant claims. In the circumstances
the Claimant is required to prove the extent and the consequences of any
injury he proves he has suffered. The Defendant reserves the right to obtain
its own medical evidence.
KATIE MADDOCKS
KINGSGATE CHAMBERS
[DATE]
STATEMENT OF TRUTH
* (I believe) The Defendant believes that the facts stated in this defence are true.
* I understand that proceedings for contempt of court may be brought against anyone
who makes, or causes to be made, a false statement in a document verified by a
statement of truth without an honest belief in its truth.
* I am duly authorised by the Defendant to sign this statement.
Full name _________________________________________________________
Name of defendant’s legal representative’s firm Prior Prior LLP__________________
signed ______________________position or office held ____ ___________ _
*(Defendant) (Litigation friend) (if signing on behalf of firm or
company)
(Defendant’s legal representative)
*delete as appropriate
