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Carwyn Cox successfully acts for Abellio Bus Company in contempt of court RTA case
Published: 13/03/2018 | News
On 5th March 2018, Carwyn Cox, instructed by Frances Whitehead of Backhouse Jones Solicitors, represented Abellio London Limited in their application to commit husband and wife, Mr Amrik Singh Ahuja and Mrs Jamkit Kaur Ahuja to prison for contempt of court. The case arose from a road traffic accident that took place on 26th September 2014 when the bus belonging to Abellio collided with the vehicle driven by Mr Ahuja and in which Mrs Ahuja was a passenger. CCTV showed that the collision occurred at low speed and that it was not possible to have suffered injury. Despite this, Mr and Mrs Ahuja brought claims for personal injury claiming that their symptoms were severe for several weeks. Carwyn Cox represented Abellio at the trial of those claims, which were dismissed by District Judge Bell in the County Court at Guildford on 4th February 2016. He found that it was not possible for the Ahuja’s to have suffered personal injury as a result of the collision. QOCS was disapplied and they were ordered to pay £5163.65 in costs, which they did.
The decision was taken to bring committal proceedings for contempt of court. Carwyn Cox represented Abellio in the application for permission to do so, which was heard by Mr Justice Martin Spencer, and permission granted, on 26th October 2017. The application to commit Mr and Mrs Ahuja to prison for contempt of court was issued on 8th January 2018. On 5th March 2018 Her Honour Judge Taylor found that they were in contempt of court by knowingly making false statements in the knowledge that they would interfere the course of justice.
Mr Amrik Singh Ahuja was committed to prison for a period of 60 days. Mrs Jamkit Singh Ahuja was committed to prison for a period of 28 days, but this was suspended for a period of 6 months. They were also ordered to pay the costs of Abellio.