Queen's Bench Division on over-revving

A BRM P160 Formula One car of 1971. In the Donington Grand Prix Collection museum, Leics., UK. (Photo credit: Wikipedia)

Although it's really a case about evidence and human rights, Piper v Hales [2013] EWHC B1 (QB) is essential reading for anyone with an interest in motor cars, involving as it does what is to my mind the most sublime piece of machinery ever to take to the track. No, not a BRM P160, nor a car with BRM's wonderfully crazy H16 engine (the P83, or Lotus 43, which at least won a race with that power unit), or any of the Moskvitch Formula One cars. I refer to the Porsche 917, as campaigned for a wonderful but tragically short period in the early seventies by my two favourite drivers, who frequently drove them like oversized go-karts (see them here: I won't put the photo in because I don't know whose it is).

David Piper's Porsche 917 which he has owned since new. (Photo credit: Wikipedia)

In the case, Mr Hales had arranged the use of a 917 the property of David Piper with a view to writing an article comparing it to a Ferrari 512S (but don't the history books contain all the comparisons you could want?). It wasn't the 917 which Mr Piper has owned from new, but one assembled from original Porsche parts and therefore (rather uncharitably, I think) referred to as a replica. Read the judgment for the full story: the short version is that the rev limit was exceeded resulting in a blow-up which led to a bill for the not insignificant amount of €32,370 - although it does strike me as pretty good value. The question was why was the engine over-revved, the answer determining whether it was covered by insurance which extended to driver error (the judgment says "river error" but I think I can see what it means), which naturally raises questions about what weight is to be given to what evidence. Questions which of course pale into insignificance when the reader has been transported back to the greatest days of the World sportscar championship. So read the judgment of HHJ Simon Brown QC if you want to know how it turned out - or, indeed, if you are interested in the law ...