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Joint enterprise and causing death by dangerous driving

PostPosted: Mon Oct 31, 2016 11:52 pm
by Hairyloon
If a gang sets out on bikes to "tear up the town" and in the doing so fatally knock somebody down, could that be joint enterprise?
They are, as a collective driving dangerously, and undoubtedly more so as a collective than they would individually so it makes some sort of sense...

Re: Joint enterprise and causing death by dangerous driving

PostPosted: Tue Nov 01, 2016 6:30 am
by dls
Find the recent decision of the supreme court on joint enterprise.

Much would depend on the facts - particularly how wild teh driving is.

Re: Joint enterprise and causing death by dangerous driving

PostPosted: Tue Nov 01, 2016 2:21 pm
by Hairyloon
dls wrote:Much would depend on the facts - particularly how wild teh driving is.

That would appear to be a "maybe", which is as good as we can expect on the information.

I'm reasonably sure nobody died, so stepping away from the criminal question, what about civil liability for any damage they might have caused?
As I understand, the default situation in an association is that the members are jointly and severally liable for the liabilities of the association: could that principle apply here?

http://metro.co.uk/2016/10/31/chaos-as- ... s-6226441/

Re: Joint enterprise and causing death by dangerous driving

PostPosted: Tue Nov 01, 2016 2:41 pm
by atticus
This started as a hypothetical question which assumed a fatality.

What is the association? How is it constituted? What assets does it have?

An easier civil claim would be against the motorcyclist responsible for the damage, particularly if she is insured.

Re: Joint enterprise and causing death by dangerous driving

PostPosted: Tue Nov 01, 2016 2:47 pm
by Hairyloon
atticus wrote:This started as a hypothetical question which assumed a fatality.

It was a real question, in respect of the risk of a fatality.
What is the association? How is it constituted? What assets does it have?

I'm guessing that the principle association is along the lines of a facebook group, and I assume without assets.
An easier civil claim would be against the motorcyclist responsible for the damage, particularly if she is insured.

It might be, if you can identify the individual, and they were insured or have assets to make it worth the trouble.
But an action against the association might help encourage them to refrain from a repeat of the incident.

Re: Joint enterprise and causing death by dangerous driving

PostPosted: Tue Nov 01, 2016 3:25 pm
by atticus
A claim against a nebulous association that has no assets is a waste of money.

Re: Joint enterprise and causing death by dangerous driving

PostPosted: Tue Nov 01, 2016 4:16 pm
by Hairyloon
atticus wrote:A claim against a nebulous association that has no assets is a waste of money.

The members of the association have assets. What distinguishes an association where its members can be held liable for the association from one where they cannot?