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ENGLISH LEGAL SYSTEM-2, CASE STUDY - Coursework Example

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ENGLISH LEGAL SYSTEM-2, CASE STUDY

This in turn resulted in the job loss and financial erosion. Moreover, his friend John was killed in the accident. Peter faced more problem from his insurer as it denied the payment of insurance money for his car damage, hospital / medical expenses/ medical expenses of his wife Maria and compensation for John as claimed by Andrea, wife of John. John’s wife and Solicitors acting on behalf of other driver sent formal notices for contemplating legal action against him for his act of negligence. In addition, the Police have filed a charge sheet making him liable for manslaughter, reckless driving and driving with out negligence. However, according to Peter’s version, he was not responsible for the accident as the other driver was involved in faulty driving. Hence, according to him, his driving shouldn’t be treated as reckless. In several of the road accidents, the accidents happen suddenly due to mistake from other people during which one has little scope to escape. Moreover, there was no proof that Peter was driving recklessly and hence he shouldn’t be held responsible for this. The main objective at this moment is to protect Peter in cases of any possible legal proceedings against him. The insurance money should also be paid to him for which he should prove that he has not violated the contract law2. At the same, time, he should also be protected against any Police action under the law of insurance and traffic laws. According to English law and insurance regulations of United Kingdom, if a person is responsible for any road accident and if rash and negligence driving is proven with reasonable facts, there may be a possibility of filing a criminal case against the driver and compensation can also be claimed legally. In case, it is proven that the driver is not responsible for accident, then the insurance company will have to pay the necessary compensation. In the present case, Peter should be protected against the criminal case and claim for compensation as he is not responsible for the accident and rash driving was not proven in any court or tribunal. Peter must try for obtaining an anticipatory bail under this context. This is required because of the fact that two formal court notices were issued against him by John’s wife and Solicitors on behalf of other driver. The Police may try to arrest him at any time mentioning the cause of accident as negligence driving. He should have a proper representation for explaining the court about the nature of the accident and his reasoning about his non commitment of any mistake. For obtaining justice against the claims of Andrea and other driver, he should submit enough evidence that he was not solely responsible for the accident. Hence, he should claim for anticipatory bail in any local civil court under the context of intentional allegation against him with out any solid proof. In case if Peter is convicted of the matters alleged by the Police, there is a possibility that he may be arrested under criminal case3 as his friend died in accident, with the ground of obtaining more material facts required for getting clarity in the case and he would be submitted by the Police in the Court with relevant documents and charge sheet. Hence, anticipatory bail is very much required to be obtained by the Peter before Police initiate any action on their behalf. In case he is convicted in court of law by ...Show more

Summary

Swarna1 Word count : 1286 Order # 534263 Dated 9th May 2011 ENGLISH LEGAL SYSTEM-2 - CASE STUDY English law provides enough scope for the innocent persons to protect themselves legally in cases of allegations1. In cases of road accidents, the law provides necessary safeguards to the persons who are injured but not responsible for the accident…
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ENGLISH LEGAL SYSTEM-2, CASE STUDY essay example
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