Family of East Dorset plane crash victim Orlando Rogers launch appeal

Bournemouth Echo: ACCIDENT SCENE: The crashed Tiger Moth ACCIDENT SCENE: The crashed Tiger Moth

THE mother and sister of a former Royal Marine, who was killed while flying in an antique aircraft in East Dorset, have taken their battle for compensation to London’s Appeal Court.

Lawyers say that the test case, following the death of Orlando Rogers, will have a far-ranging impact on claims brought by victims of aviation disasters in the UK, including those injured and killed in the recent Glasgow helicopter crash.

Mr Rogers was just 26 when he was killed on May 15, 2011, while taking a private flight in a vintage Tiger Moth aircraft near Witchampton.

His mother, Julia, and sister, Jade, from Newton Abbot, Devon, are suing the pilot of the aircraft, Scott Hoyle, claiming his negligence was to blame for the crash after the plane took off from Compton Abbas airfield.

The family, which is seeking six-figure damages, scored a High Court success last year when Mr Justice Leggatt granted them permission to rely upon a report by the Air Accidents Investigation Branch (AAIB) in their bid for a payout.

The family’s lawyers say the report is central to their case and supports their claim that Mr Hoyle, a businessman from Broadstone, had been attempting a loop when the plane came to grief.

Mr Hoyle denies any responsibility for the tragedy, blaming a technical fault for the crash, in which he was also severely injured.

His lawyers are now asking the Court of Appeal to rule that the AAIB report should be excluded from the case, arguing that it is ‘replete with findings of fact and opinion evidence which do not meet the criteria for admissibility’ in an English civil court.

Robert Lawson QC, for Mr Hoyle, told appeal judges, Lady Justice Arden and Lords Justice Treacy and Christopher Clarke, that the function of the AAIB was to improve safety, not to apportion blame for accidents.

“Mr Hoyle does take serious issue with a number of matters in the AAIB report in this particular case if it is to be deployed for the purpose of attributing blame or liability,” Mr Lawson added.

Michael Crane QC, for Mr Rogers’ family, replied that the report contained ‘material which is highly relevant’, adding that there was no common law rule that prevented it from being admitted as evidence.

The Appeal Court hearing continues.

Comments (6)

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10:16am Mon 20 Jan 14

Old Colonial says...

As a legal test case this could prove interesting. However, can one assume that punitive damages are what is required, and that any monies would be used to benefit a cause close to Orlando's heart in his memory. It is hard to see how a six figure sum could possibly compensate for the loss of a son or brother.
As a legal test case this could prove interesting. However, can one assume that punitive damages are what is required, and that any monies would be used to benefit a cause close to Orlando's heart in his memory. It is hard to see how a six figure sum could possibly compensate for the loss of a son or brother. Old Colonial

3:10pm Mon 20 Jan 14

suzigirl says...

If they are successful what are they going to do with the money - give it to charity?
If they are successful what are they going to do with the money - give it to charity? suzigirl

4:41pm Mon 20 Jan 14

fireflier says...

Heading towards another 'nail in the coffin' of any activity ...like vintage aircraft flying...which may or even possible could carry a risk of injury.

People just cannot operate anything in the face of this America-style litigation where 'someone has to be responsible' leads to dash-for-cash in the courts.

Sorry, but when he climbed aboard this old Tiger Moth this chap would have known there was a certain amount of risk involved. A bit naive if he didn't don't you think?
Heading towards another 'nail in the coffin' of any activity ...like vintage aircraft flying...which may or even possible could carry a risk of injury. People just cannot operate anything in the face of this America-style litigation where 'someone has to be responsible' leads to dash-for-cash in the courts. Sorry, but when he climbed aboard this old Tiger Moth this chap would have known there was a certain amount of risk involved. A bit naive if he didn't don't you think? fireflier

4:57pm Mon 20 Jan 14

Dorset Outsider says...

fireflier wrote:
Heading towards another 'nail in the coffin' of any activity ...like vintage aircraft flying...which may or even possible could carry a risk of injury.

People just cannot operate anything in the face of this America-style litigation where 'someone has to be responsible' leads to dash-for-cash in the courts.

Sorry, but when he climbed aboard this old Tiger Moth this chap would have known there was a certain amount of risk involved. A bit naive if he didn't don't you think?
Maybe he would see it that way, but evidently the family do not. Very sad accident, as said above, just another nail in the coffin for vintage flights. The CAA hate vintage aircraft as it is. Would you sue like that if it was a car crash for example? What's the difference, its an accident and tragedy, not a way to profit.
[quote][p][bold]fireflier[/bold] wrote: Heading towards another 'nail in the coffin' of any activity ...like vintage aircraft flying...which may or even possible could carry a risk of injury. People just cannot operate anything in the face of this America-style litigation where 'someone has to be responsible' leads to dash-for-cash in the courts. Sorry, but when he climbed aboard this old Tiger Moth this chap would have known there was a certain amount of risk involved. A bit naive if he didn't don't you think?[/p][/quote]Maybe he would see it that way, but evidently the family do not. Very sad accident, as said above, just another nail in the coffin for vintage flights. The CAA hate vintage aircraft as it is. Would you sue like that if it was a car crash for example? What's the difference, its an accident and tragedy, not a way to profit. Dorset Outsider

7:07pm Mon 20 Jan 14

oneidea says...

Not one bit of compassion for the pilot here ! is he ok ? Has he made a full recovery mentally or physically from this . Money and blame , words that seem to be thrown around to easily today . An old plane with old working parts may just be the cause of the problem but people want money ! How very sad for all concerned here but i do not think any amount of money will fill the void left in the families lives but maybe only there pockets! I really hope grief is not mixed with greed and the truth comes to the fore in this dreadful accident . Very sad for Orlando family and the loss they are suffering as it must seem over bearing at such a young age to be taken from you . But also of the pilot and his family and how they must be suffering as well but seem to be over looked in all this . One can only imagine the pain he must be going through with his family . There will be no winners in this very sad accident .
Not one bit of compassion for the pilot here ! is he ok ? Has he made a full recovery mentally or physically from this . Money and blame , words that seem to be thrown around to easily today . An old plane with old working parts may just be the cause of the problem but people want money ! How very sad for all concerned here but i do not think any amount of money will fill the void left in the families lives but maybe only there pockets! I really hope grief is not mixed with greed and the truth comes to the fore in this dreadful accident . Very sad for Orlando family and the loss they are suffering as it must seem over bearing at such a young age to be taken from you . But also of the pilot and his family and how they must be suffering as well but seem to be over looked in all this . One can only imagine the pain he must be going through with his family . There will be no winners in this very sad accident . oneidea

10:56pm Mon 20 Jan 14

pete woodley says...

oneidea wrote:
Not one bit of compassion for the pilot here ! is he ok ? Has he made a full recovery mentally or physically from this . Money and blame , words that seem to be thrown around to easily today . An old plane with old working parts may just be the cause of the problem but people want money ! How very sad for all concerned here but i do not think any amount of money will fill the void left in the families lives but maybe only there pockets! I really hope grief is not mixed with greed and the truth comes to the fore in this dreadful accident . Very sad for Orlando family and the loss they are suffering as it must seem over bearing at such a young age to be taken from you . But also of the pilot and his family and how they must be suffering as well but seem to be over looked in all this . One can only imagine the pain he must be going through with his family . There will be no winners in this very sad accident .
Greed,for compensation,if you take trips up in vintage kites you take a risk,i have done it,and know the risks,no thought for pilot.
[quote][p][bold]oneidea[/bold] wrote: Not one bit of compassion for the pilot here ! is he ok ? Has he made a full recovery mentally or physically from this . Money and blame , words that seem to be thrown around to easily today . An old plane with old working parts may just be the cause of the problem but people want money ! How very sad for all concerned here but i do not think any amount of money will fill the void left in the families lives but maybe only there pockets! I really hope grief is not mixed with greed and the truth comes to the fore in this dreadful accident . Very sad for Orlando family and the loss they are suffering as it must seem over bearing at such a young age to be taken from you . But also of the pilot and his family and how they must be suffering as well but seem to be over looked in all this . One can only imagine the pain he must be going through with his family . There will be no winners in this very sad accident .[/p][/quote]Greed,for compensation,if you take trips up in vintage kites you take a risk,i have done it,and know the risks,no thought for pilot. pete woodley

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