KB-2024-001402 - [2025] EWHC 2492 (KB)

The trial took place over the course of 5 days in May and June of 2025. Mr Bair attended via CVP from Wandsworth Prison where he was awaiting trial for unrelated offences. There were a significant number of delays affecting the progress of the trial, including problems with the technology from the Court’s side, a fire alarm leading to evacuation of the Court, problems getting documents which were produced close to and during the trial to Mr Bair, Mr Bair not being produced due to operational Prison reasons and, on one occasion, another prisoner being produced instead of Mr Bair. All of these delays were frustrating and I would like at the outset to thank all of those involved in the trial and those observing for their patience throughout all of the delays and problems. I would also like to thank the court staff for their assistance with the issues with the technology.

I heard evidence from three police officers involved in the investigation of the accident and arson, PC Stephen Morris, DC Connor Dean and DI Andrews. I admitted supplemental witness statements and documents provided by the police witnesses during the course of the hearing. Mr Bair also gave oral evidence. In addition to the oral evidence, I have read the witness statements of Mr Cox, Mrs and Mr Hajduk and Mr Fouto who were all present at the time of the accident and who gave evidence as to the shocking nature of the accident. I have read the witness statement of Adam McLean, who was named on the insurance policy. None of their evidence was challenged and so their oral evidence was not required. I have also read the evidence of CCTV experts Mr Matt Cass for the Claimants and Mr Stephen Cole for the Second Defendant. The parties agreed that there was no need to call the experts and insofar as there were relevant disputes in their evidence I should determine them on the basis of their written evidence.

The CCTV footage of the accident and the Body Worn camera footage of Mr Bair’s arrest was played in Court and I have had the opportunity of viewing the footage again after the evidence was completed and submissions made.

I will not set out the content of all of the evidence I have seen and heard, but those matters which are the most relevant to my decision.