Hastings v Lambert, Court of Appeal - Civil Division, July 09, 1999, [1999] EWCA Civ 1794

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Hastings v Lambert, Court of Appeal - Civil Division, July 09, 1999, [1999] EWCA Civ 1794

IN THE SUPREME COURT OF JUDICATURE No FC3 1999/5921/1

IN THE COURT OF APPEAL (CIVIL DIVISION)

APPLICATION FOR PART OF NOTICE TO BE STRUCK OUT

ON APPEAL FROM ORDER OF MR JUSTICE MANTELL

Royal Courts of Justice

Strand

London WC2

Friday, 9th July 1999

B e f o r e:

LORD JUSTICE AULD

LORD JUSTICE ALDOUS

MR JUSTICE GAGE

- - - - - -

HASTINGS

- v -

LAMBERT

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(Computer Aided Transcript of the Palantype Notes of

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

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The appellant appeared in person

MR W FEATHERBY (Instructed by Lawrence Graham of London) appeared on behalf of the Respondent

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J U D G M E N T

(As Approved by the Court)

(Crown Copyright)

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MR JUSTICE GAGE: This is an appeal from the judgment of Mr Justice Mantell given on 28th July 1994. By his order the judge awarded to the claimant total damages in the sum of £25,447 for injuries and consequential loss arising out of a road traffic accident which occurred on 5th July 1986. The sum of £25,447 was made up by way of £15,000 for general damages, pain and suffering and the rest for special damages.

The facts of the accident as far as are material for the purposes of this appeal are that on 5th July 1986 the claimant was riding in an invalid carriage which he had collected for the use by hi...

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