When Claimant does not attend, claim is struck out

Cara acted for the Claimant as a result of a road traffic accident. The Claimant’s case was that she believed the Defendant had pulled over and so proceeded past her vehicle. The Defendant pulled back out and there was a collision. The Defendant’s position was that she had not pulled over and had only pulled in to give way to a car coming in the opposite direction and the Claimant should have waited behind her.

The Claimant driver was now resident in New Zealand and so did not attend to give evidence.

The claim was dismissed with the court finding that the Claimant should have waited behind the Defendant as it was clear what she was doing when she moved over.