Two-wheeled vehicle with roof, seatbelts and side protection safety bars—Use on road by defendant without protective headgear—Whether defendant riding “on” motorcycle—Whether required to wear protective headgear— Road Traffic Act 1988, s.16— Motorcycles (Protective Helmets) Regulations 1998, reg.4.

On 9 September 2003, in the Crown Court at Kingston upon Thames, before His Honour Judge Howarth, the applicant Delaney-McDermott pleaded guilty to causing death by dangerous driving. On 18 September 2003, the applicant Antoniou was convicted of causing death by dangerous driving. The applicant Antoniou now applies for leave to appeal against his conviction.

Abstract: D, a pillion passenger on a motorbike, sought damages for injuries sustained in a road traffic accident from the driver of the bike (the first defender), and the second defender (C), the driver of the car with which the motorbike collided

Abstract: The claimant pedestrian (J) sought damages for negligence from the defendant car driver (E). J had been attempting to cross a dual carriageway at night-time after alighting from a bus when he was struck by E's car. J's injuries were such that he was unable to give evidence seven years later. It was argued on his behalf that the nearside headlight of E's car was not working and J had therefore been under the impression that a motorbike was approaching until it was too late to take evasive action. He had attempted to outrun the car but had failed. E contended that J was contributorily negligent by not taking proper care when crossing.