“I deal with you on the written basis of plea that was agreed on the last occasion that you were before the court, which is based on what I have read from the independent witness, Mr Marsh, who saw what happened. It is clear from what he says that it is right to deal with you on the basis that you did not try to hit Mr Groves, but swerved to try to avoid him and he jumped onto the bonnet of your car. I accept that as being the start of the events that led to the injuries that he suffered shortly afterwards. You drove off. What Mr Marsh says is that near to the exit he saw the brake lights come on and then the car went round the bend like you were trying to shake him off. You pulled off at speed and also when you left the exit of the lay-by you didn’t stop at any time. You drive off. You drive more than 500 metres Now agreed to be up to 475 metres. with him on the bonnet of your car and then you swerved and threw him off the bonnet to the verge.”
“I now recall Luke announcing that he had left his trainers down in Barmouth…I heard some sort of response. I am not even sure whether it was even a male or female talking but Luke then said “I’ve a size 8 foot here that can go up your bum”
“The next thing I heard was the was the male who had come from the white vehicle stood up and his arms were by his side his fists were clenched, shouting “come on” at the two dark vehicles which were parked in front of the Peugeot. The two dark vehicles drove off slowly and this male then ran off after them, the gold Peugeot was still parked up….I went out and saw the female in the white vehicle she said “he is always doing this looking for fights, I have had enough.”
“…he drove straight at him, he drove (inaudible) on the bonnet (inaudible) from over there mate he would have been run over, he had to jump on the bonnet.”
“I went into the kitchen and then I heard someone shouting at the gold Peugeot. I didn’t know what it was. I think this male who had come back, this male was the one from the white vehicle. I then saw the male from the gold Peugeot shout at the female from the vehicle “get in the car”
“I then saw near to the exit the Peugeot brake lights come on and I would say around the bend, like he was trying to shake him off.”
“I said to Jon “stop”
“From this line of authority I derive the following principles in the context of the present case: (1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in an action. (2) If a court is willing to draw such inferences they may go to strengthen the evidence adduced on that issue by the other party or to weaken the evidence, if any, adduced by the party who might reasonably have been expected to call the witness. (3) There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue. (4) If the reason for the witness’s absence or silence satisfies the court then no such adverse inference may be drawn. If, on the other hand, there is some credible explanation given, even if it is not wholly satisfactory, the potentially detrimental effect of his/her absence or silence may be reduced or nullified.”
“A Court must deal broadly with the problem of apportionment and in considering what is just and equitable must have regard to the blameworthiness of each party, but "the claimant's share in the responsibility for the damage” cannot, I think, be assessed without considering the relative importance of his acts in causing the damage apart from his blameworthiness.”
“There are… two aspects to apportioning responsibility between claimant and defendant, the respective causative potency of what they have done, and their respective blameworthiness…”