KB-2023-000198 - [2025] EWHC 2577 (KB)

This claim arises out of a road traffic accident which occurred on 2 February 2022 during which the Claimant was catastrophically injured in a road traffic accident in Northumberland. The Claimant was a passenger in a car driven by Drew Docherty who, very sadly, was fatally injured. The estate of Drew Docherty is the First Defendant in this case. The Second Defendants (D2) are the insurers of Mr Docherty. The car driven by Mr Docherty was in collision with a recovery vehicle driven by Craig Heal during the course of his employment with Glendinning Brothers, a recovery firm and the Fourth Party (4P).

The Claimant commenced proceedings against the First Defendant and, after liability was admitted, judgment was entered on his behalf with damages to be assessed. The quantum of damages within those proceedings has not been settled and approved but it is anticipated that the damages will be substantial. Other claims for personal injuries arising out of the accident will be made against the First and Second Defendants.

This action is a claim on behalf of D2 for a contribution from the 4P. It is made on the basis that, whilst it is acknowledged that the Claimant’s driving was negligent and that he bears a greater burden of responsibility for the accident, nonetheless D2 contends that Mr Heal was negligent during the course of his employment. This is my judgment in relation to the issue of the 4Ps’ liability to contribute towards the D2s’ liability to the Claimant.