Engine fails while old pork being tested. Owner sues journalist - who's right?

[Diamond Hell]

If you read motorsports-y mags etc you may be familiar with the name Mark Hales - very experienced racer and latterly journalist.

Short story - he organised a 917 Le Mans type replica owned by David Piper to be tested against Nick Mason's Ferrari 512 (similar vintage).  A gear-shift was fluffed, the engine was over-revved and it blew.  Hales has been taken to court and found liable.  It's going to cost him £50k for the engine rebuild, £70kish for his legal costs and £70kish for the other side's legal costs. The magazines involve have allegedly walked away from him.  Rumour says he's likely to lose his house.

http://www.telegraph.co.uk/motoring/classiccars/9808987/You-bend-it-you-mend-it-motoring-journalist-sued-after-1.25m-porsche-engine-explodes.html

Jalopnik's take on it:

http://jalopnik.com/5977720/auto-journalist-sued-for-174000-for-blowing-a-porsche-engine

Some solicitor's put the judgement up here:

http://www.leeds-solicitors.com/piperhales.pdf

Basically no written agreement - you bend it you mend it/you bend it you buy it stuff and it's been tested here.

Personally I think Hales has made an absolute tit of himself and for whatever reason Piper's decided to break him.  It's two well-off men having a scrap.  Best off leave them be.

I like my cheap toy.

[X4MGS]

Seems fair to me...


You break it - You fix it....


Surely the magazine would have insurance to cover the damage...

[Thom89]

You own the car, you lend it out, it gets buzzed, you take the hit, you don't lend it out again if it hurts

Thom

[X4MGS]

Seems he lent a £1.25M car out for £2K and was told that it had a full insurance cover from the mag...


Turns out the mag's insurance was "Limited" and then they have walked away from the case... Typical...


And left the driver stranded...

[Ant1981]

He'll lose his house? Now, come on, you break you pay, ok fine, but to put a man on the streets? Where's the sense in that? What judge in their right mind would see a man homeless over a car?

[Jimble]

I wish i was a solicitor! Those legal fees are crazy!!

[Guy]

would have thought that before driving the tits off a car like that you would check there is adequate insurance 

[Len]

Hales looks stuffed!

Only winners here are the legals

[Organisys]

*sounds of solicitors wringing hands*

[X4MGS]

He'll lose his house? Now, come on, you break you pay, ok fine, but to put a man on the streets? Where's the sense in that? What judge in their right mind would see a man homeless over a car?

Law & Sense..... Don't make me laff....