0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Faunt v DCC, Exeter County Court, 13 May 2004

2 June 2004
The issues

Highway Trip – Claimant Intoxicated – Claimant’s Version at Odds With Contemporaneous Records – Credibility

The facts

The Claimant was holidaying in Teignmouth with his wife on 10 September 2000 when he allegedly tripped on a raised paving block in a pedestrian precinct. He alleged that the block was raised by about 1″. The precinct was subject to monthly inspections. On the last inspection, three weeks before, no defects were observed or recorded at the location by the Defendant’s Highway Inspector.

The Claimant fractured his arm. On admission to hospital, there were several references to the Claimant having told medical staff (at least one nurse and two different doctors) that he had been drinking that evening. He said he had consumed about 6 pints of cider but there was the suggestion in the notes that he had consumed more. In his witness statement and in his oral evidence at Trial, he said he had only consumed 4 pints and that the last pint was at 2.30 pm. The accident occurred at 9.30 pm.

The decision

The District Judge preferred the contemporaneous hospital records to Mr Faunt’s evidence on the point. The District Judge then had to consider the extent to which she could rely upon his evidence generally. She said Mr Faunt’s evidence was called into question about the accident circumstances and, accordingly, she could not accept that the accident occurred as alleged or that there was causation. The claim was therefore dismissed.


By Darren Salter, Associate Solicitor at Veitch Penny. Tel: +44 (0)1392 288328, Fax: +44 (0)1392 410247, Email: darrensalter@veitchpenny.co.uk.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up