Litigation Writs 28/10/97

A German widower whose wife died after a road accident is suing the Dorking motorist he blames for the crash. Wolfgang Brunner, of Sinsheim, Germany, has issued a writ claiming damages from Matthew Boxall. Brunner blames Boxall for the accident that killed his wife Carmen on 16 October 1994, when she was knocked down as she crossed the A25 in Bletchingley. Mrs Brunner, 41, died 10 hours after the accident.

Writ issued by Pritchard Englefield, London EC2.

The owner of industrial premises in Tyne and Wear is suing for damages following a fire which caused u2m-worth of damage. Holtstar, of London N15, has issued a High Court writ against Timothy Bartlett, for the underwriters of Lloyds syndicate 506; Modus Vivendi of 47 Green Dike, Wigginton, York; and insurance broker Lowndes Lambert Group of Friary Court, Crutched Friars, London EC3. Holtstar owns Enterprise Park, Julius House and the Ronson Factory at the West Chirton Industrial estate in West Chirton, Tyne and Wear, which were leased to Modus Vivendi, (formerly Ronson plc), according to the writ. It says Enterprise Park was insured for u650,000, and Julius House for u1.35m and u525,000 for loss of rent. The fire leading to the claims took place in January this year, but the writ claims that the insurers have, wrongfully and in breach of contract, refused to indemnify Holtstar, and have purported to avoid the insurance contract.

Writ issued by Mishcon de Reya, London WC1.

A company director whose employer paid his mortgage, water rates, and council tax is facing a High Court action to make him repay more than u26,000. DCM Services of Hitchin, Hertfordshire, which is in administrative receivership, is suing David Illingworth of Milton Keynes for u26,048, with interest of u1,598 and continuing interest of u5.71 a day. The writ claims that between February 1995 and April 1997 the company paid a total of u31,192 to Illingworth for his personal expenses, and that this included payment of u21,830 for his mortgage, and other amounts for his water rates, council tax, payment to the Inland Revenue, a travel company, and a birth certificate. The writ says that the payment of his personal expenses constituted quasi-loans, and was unlawful under the Companies Act 1985.

Writ issued by Theodore Goddard, London EC1.