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Snakes & ladders

29 June 2012 / Anna Hughes
Issue: 7520 / Categories: Features , Damages , Personal injury , Criminal
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Crime doesn’t pay out compensation, notes Anna Hughes

David Joyce and his uncle, Edward O’Brien, decided to relieve Raymond Armstrong of a set of ladders that were outside his property. The flaw in their otherwise fool-proof plan was that the ladders were too big for the Ford Transit van that belonged to O’Brien. Unwilling to let this detail hamper their plans, O’Brien and Joyce decided that the former should drive the van, while the latter stood on the back and held onto the ladders and the van door in order to stop the ladders falling out. On taking a sharp left hand turn at a junction, O’Brien managed to dislodge his nephew from the back of the van and the latter sustained severe head injuries. On 20 August 2010, O’Brien pleaded guilty to a charge of dangerous driving arising out of the accident.

Criminal capers

Joyce sought to recover damages for his injuries and proceedings were issued against O’Brien and his insurers. O’Brien played no part in defending the proceedings but his insurers sought to defend the claim on the basis

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