The Gazette 1967/71

STICKER DEPRIVED PASSENGER

FRENCH JUDGES STAGE PROTEST MARCH

OF INSURANCE COVER

About 500 Judges, representing the elite of the French judiciary, staged a solemn and unprece dented protest parade yesterday against a top Gaullist politician's accusation that they were cowardly in dealing with student militants. The black-robed demonstrators closed courtrooms for an hour throughout Paris to take part in the dignified protest inside the Palais de Justice. Accompanied by hundreds of lawyers, ushers and court clerks, the judges filed past a plaque inscribed in memory of Judge Rene Parodi, re garded as a symbol of judicial courage after being put to death by the Gestapo in 1942. The demonstration was organised after M. Rene Tomasini, secretary-general of the ruling Gaullist party, caused a political storm by speaking pub licly of the cowardice of magistrates in passing "derisory sentences" on agitators. Judges in provincial French cities were staging similar protests. The Government last night banned all street demonstrations yesterday and today after President Pompidou and senior Government leaders publicly rebuked M. Tomasini for his attack on the judges and expressed their full confidence in the magis- trature. The main purpose of the ban was to head off threatening massive student demonstrations in sympathy with 18-year-old Gilles Guiot, whose six-month term for allegedly punching a policeman was considered excessive by many students, teachers and parents. At the head of the column of judges was Supreme Court President Maurice Aydalot. Several thousand high school and university students staged protest marches in Paris yesterday despite the official ban. They were calling for the release of several students held by police. (The Irish Times, 19th February, 1971). 205

A car passenger who sued a fully insured driver lost his High Court damages claim, because of a sticker on the dash-board—"Passengers travelling in this vehicle do so at their own risk." The comprehensive insurance of the driver, Mr. Tugwell, 21, of Rochester — taken out by his father, covered passenger insurance. The Judge, Mr. Justice Ackner, held that the sticker, as the law is at present, excluded the in surance company from liability for the passenger's injuries. He added: "I hope this will expedite the legislation to make passenger insurance com pulsory." Although Mr. Bennett lost his case,, he will receive £500—"as a gesture" from the unnamed insurance company. If he had proved his case,, he would have received £1,100 damages. Mr. Bresler, counsel for Mr. Tugwell, told the Judge that he had been instructed not to ask for costs. Mr. Tugwell was driving his father's car when it struck the rear of a parked car. Mr. Bennett was bruised and concussed but there were no residual effects. It was admitted that Mr. Tugwell had been negligent. The issue, said the Judge, was whether the passenger voluntarily assented to the risk of negligence in the light of the warning on the sticker, which Mr. Tugwell had bought for 2/6d. The Judge said the notice meant: "Passengers are warned that if they travel in this car they bear the risk of the driver driving negligently."

(Daily Telegraph, 9th February, 1971).