Oliver Flint v Elliott Tittensor and the Motor Insurance Bureau
The case of Flint v Tittensor & the MIB concluded in the High Court on 19th February 2015 following a three day trial with success for the Claimant.
Andrew Roy was for Mr Flint. William Norris QC was acting for Mr Tittensor and Tim Horlock QC for the MIB, Mr Tittensor’s car having been uninsured.
The claim arose out of an altercation between Mr Flint and Mr Tittensor outside of a McDonalds in Kentish Town on 15th August 2010. This culminated in Mr Tittensor, an actor best known from the television series ‘Shameless’, driving his vehicle away from the scene whilst Mr Flint was on the bonnet of his car. Mr Flint was thrown off sustaining serious injuries.
Mr Flint brought a claim in trespass against the person. The Defendants pleaded self-defence, ex turpi causa and volenti non fit injuria. They contended that Mr Flint had launched a frenzied and unprovoked attack upon Mr Tittensor and his car. They argued that Mr Tittensor’s actions were reasonable in those circumstances, that Mr Flint ‘s own wrongdoing precluded recovery and that by his actions own Mr Flint had accept the risk of injury.
Mr Justice Andrew Edis rejected these arguments. He held that there will be judgment for the Claimant with detailed reasons to follow.