Blame and claim

PennyweatherJ_CircuitToday I had the pleasure of appearing in front of the notorious JudgeLooseCannon.  He’s a gruff northerner who never shies away from showing his disdain for the petty-fogging ways of the southerners who surround him in his surrogate home on the south east of England.  He’s also well know for spouting off on any old subject which happens to have taken his fancy that morning whilst reading the newspaper over breakfast.  Much of the time, he gets away with it because his comments are so irrelevant to the case in hand as not to affect the judgment one way or the other.  However, as I alluded to last week, many’s the judgment of JudgeLooseCannon which has been handed around the robing, not least because he takes great pleasure in sending the parties away for an hour at the end of the submissions and typing up a written judgment “for the avoidance of any doubt.”

Today I was representing an insurance company defending a claim against someone who had tripped over a hole in the pavement which was about an inch thick and certainly enough to prove liability.  Here’s just an extract from the judgment:
“I will no doubt be appealed for saying so, but nevertheless, I intend to put forward my real reason for dismissing this claim. It is simply that I am sick and tired of seeing queues of people trundling through this county court bringing claims for what was basically an unfortunate accident.  Something which when I was younger would have merited sympathy, perhaps a sweet cup of tea and beyond that a shrug of the shoulders. Just one of those things. I regret to say that nothing seems to be just one of those things any longer. It’s all blame and claim and, you’ll have to forgive the rhyming, but I say shame! and shame again! It’s time people starting taking responsibility for their own actions and if no-one is prepared to stand up and say so then we can start today, in this county court.  For this reason, I therefore dismiss this claim.”

He may or may not have a point but for today, I fear that my victory may be over-turned on appeal.

August 24, 2016 · Tim Kevan · 6 Comments
Posted in: Uncategorized

6 Responses

  1. abigail - March 14, 2008

    A lawyer’s haiku:
    Have you stubbed your toe?
    There must be someone to blame.
    Come, sue him with us.

  2. Andrew McGee - March 14, 2008

    There is at least one circuit judge on the Northern Circuit who takes the same approach. I wish there were many many more.

  3. AM - March 15, 2008

    I tendto agree with judge loosecannon…If people only looked where they were going, a large crevasse in the pavement could be easily avoided!
    Take some responsibility people.

  4. LawLibrarian - March 15, 2008

    Judge Loosecannon shows some very northern common sense, for which he’s bound to be appealed. Good man for having a go!

  5. BSQ - March 15, 2008

    I have very recently declared a desire to be a PI barrister to my flat mates horror– she genuinely believes that they are all ambulence chasers … I was deeply offended, though kind of understand her reasons.

  6. Uncivil Serpent - March 17, 2008

    Do Judges “Find” or “Make” law?
    LooseCannon providing a written judgement right out of the pages of the Mail’s op ed column. Which isn’t that big a deal, I mean if its good enough for my gran to regurgitate – then why not the occasional DJ?
    Anyhow what’s wrong with chasing ambulances? Other than the associated traffic violations?