Aldred v Cham – our view

Characteristic or Necessity 

The moot point surrounding the new civil case law of Aldred v Cham is a particularly concerning one should you be a non-English speaking claimant. 

Whilst it can be agreed that a person’s ability to speak English does not qualify as a particular feature of an RTA dispute itself, it does however aid said person’s ability to understand the claim process, medical experts, court procedures and any terminology that may or may not affect their claim. 

A particular feature of the dispute must be something specific to the claim, such as how the accident happened, who was to blame, and the injuries sustained. It is not the age, linguistic ability or mental wellbeing’ of the claimant, because they are all characteristics of the claimant regardless of the dispute.”

Can a Non-English speaking claimant be asked any of the above questions competently, if he/she cannot understand nor respond in an appropriate manner?

With that in mind, is it justifiable for a friend or family member of the same native tongue to effectively assist with terminology throughout the process, rather than or as thoroughly as a qualified and experienced interpreter…

The claimant must be in a solid position from the beginning whereby complete understanding and accuracy of translation is sort, as a necessity.  

Undoubtedly, the cost of services rendered now seem weighted however, not unjustifiable!

With that in mind the use of a trusted, reputable translation and interpretation agency is of the upmost importance.

Translate Hive’s services are non-exhaustive, of the highest quality, and excellent value. All with the added benefit of a deferred payment account for corporate clients.

For a free quote please contact us.

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