Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
November 29, 2019

Running down actions

Running down action occupies a considerable amount of the court’s time. These are actions by persons who have suffered injuries or property losses due to the negligence of a motorist in a vehicular accident. In 1938, Wyndham White made a compelling comment in the “Burden of Proof of Negligence in Running-down cases”, Cambridge Journal Volume 6, Issue 3 about the “appalling wastage of human life and the suffering caused by road accidents.” The incidence of negligence has necessitated legislation for “the protection and safeguard of all road users and especially pedestrian”.

Persons who cause accidents do not always take responsibility for their actions and very often the victim has to seek a judicial decision. In some cases there have been out-of-court settlements. In fact, if there were no out-of-court settlement, the civil court would be overwhelmed by the sheer number of matters. Madam Justice C. Gobin, in a Trinidad and Tobago case, Gulf Insurance Ltd v Naseem Ali et al (HCA) 701 of 2011) notes, “as it stands, running down actions including third party claims for property and personal injuries, constitute a high proportion of cases in our dockets. If all of them proceeded to a trial then the administration of civil justice will collapse. The system relies on settlement before they reach trial and on the established practice of settlement before trial of the majority of them even before proceedings are filed”. In this matter, the defendants claimed that there was no judicial determination in the matter, so the insurance company which had paid others who had suffered losses, had no right to claim against them.

When a vehicular accident occurs, it is important to have a record of all information pertaining to the incident, but sometimes the accident happens so fast that no one is able to give an accurate account. Police reports could provide vital information in fitting the pieces together, so it is important to call the police to take measurements relating to the position of the vehicles and other related matters. Eyewitnesses who could give detailed evidence could play an important role, as the case depends on accurate evidence. Accidents occur because of the negligence of one person or perhaps both parties and the person who was negligent would be liable for the accident.

There are persons who believe that because it is an accident no one is liable. The word accident implies that there was a chance collision and someone is always responsible for a chance collision. The matter is a two-tiered one and the first appearance in court is to prove liability, that is, which person caused the accident. The second part of the case is to assess damages, that is to decide how much money the guilty party must pay.

On the issue of liability, it is possible for the court to hear the matter and not able to determine which party is liable. The matter of Baker v Market Harborough Corperative Society (1953 1 W.L.R 1492) is instructive. It held the parties equally blameworthy. The principle is summarized in the case of Howard v Bemrose RTR 32 at p. 38 by Burkley LJ who noted that “when all of the available evidence is heard and it is clear on a balance of probabilities that there is negligence by someone but when on that evidence and on a balance of probabilities the court is unable to say whether the evidence is that of one party or the other or both parties, then it is open to the court once again on the balance of probabilities to say that the negligence was of both parties.”

Ada Johnson is a solicitor and barrister-at-law. E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    NATIONAL DAY OF PRAYER
    Press Release
    NATIONAL DAY OF PRAYER
    Webmaster 
    October 5, 2026
    The National Day of Prayer will be observed in St. Vincent and the Grenadines on Monday, 5th October, 2026 under the theme: "Restore, Unite and Uplift...
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Press Release
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Webmaster 
    September 29, 2026
    By Yvette Gittens, Early Childhood Practitioner and Literacy Specialist, SVG. The Ministry of Education must reconsider policies that restrict teacher...
    Five charged in separate ammo and firearms offenses
    Press Release
    Five charged in separate ammo and firearms offenses
    Webmaster 
    September 29, 2026
    Police arrested and charged five men in connection with two separate firearms and ammunition offenses in operations conducted on Sunday, September 26,...
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    VINLEC explains its metering operations at press briefing
    Press Release
    VINLEC explains its metering operations at press briefing
    Webmaster 
    September 28, 2026
    The meters previously used by the St Vincent Electricity Services Limited (VINLEC) were electromechanical ones as Senior Transmission and Distribution...
    West St George Secondary School celebrates 22 years
    Press Release
    West St George Secondary School celebrates 22 years
    Webmaster 
    September 28, 2026
    On Wednesday September 16, 2026, the West St George Secondary School (WSGSS), in Belair celebrated its 22nd year of operation with a thanksgiving serv...
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    RedRootSVG to launch island-wide Human Rights Campaign
    News
    RedRootSVG to launch island-wide Human Rights Campaign
    Webmaster 
    September 26, 2026
    RedRootSVG Inc is set to launch an island-wide initiative designed to educate, empower, and engage citizens on their fundamental human rights and resp...
    Round D Town Relay attracts over 60 teams
    News
    Round D Town Relay attracts over 60 teams
    Webmaster 
    September 26, 2026
    The 2026 Team Athletics SVG Round D Town Road Relay set for this Sunday, September 27 in the streets of capital, Kingstown, has attracted a whopping 6...
    Workers at statutory body raise concerns about operations
    News
    Workers at statutory body raise concerns about operations
    Webmaster 
    September 25, 2026
    CONCERNS have been raised about the administration and operation of a publicly funded social-support organisation following comments by Prime Minister...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok