‘Do my pillion and I need separate lawyers?’

‘Your wife is bound to succeed in full with her claim’

I was riding my Goldwing on the outskirts of Guildford with my wife on the back and happily going along listening to music. A woman was waiting in her car at a junction to our right, about 60 metres or so away and indicating left. She pulled out on us giving me no time to react and there was a collision in which we were both hurt; my pillion worse than me by quite some way. My insurer appointed a solicitor to act for us both and all has been going well until recently. I have been acting as litigation friend for my wife due to the nature of her injuries, providing instructions on her behalf to our solicitor. The driver’s solicitor is now alleging that I was partly to blame for exceeding the speed limit (which I deny) and says there is a conflict of interest and my wife and I should have different solicitors. My solicitor says this is not needed. Who is right?

Ron Jacobson, Byfleet

AIf the Defendant is pursuing an allegation of contributory negligence against you, ie that you were partly at fault, you and your wife need separate solicitors. Your wife is bound to succeed in full with her claim either entirely against the other driver or with your insurer making up the balance relating to your degree of fault. I do not think you can continue to be her litigation friend and she should find one who is not party to the claim. Solicitor and author of the MCN Law column for the last ten years