| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 39 (Jan) |
| Neutral Citation: | [2004] EWCA Civ 1782 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Sedley and Thomas LJJ |
| Representation | Anthony Reddiford (instructed by David Gist Solicitors, Bristol) for the claimant. |
| Richard Lynagh QC and Alexander Antelme (instructed by Jacobs) for the defendant. | |
| Judgment Dates: | 7 December 2004 |
Catchwords
Negligence - Causation - Road traffic accident - Fatal accident - Judge finding that claimant not to blame for accident - Judge finding deceased wholly responsible for accident - Correctness of decision.
The Case
In the instant case, the judge had erred in finding that the claimant had not been responsible for a road traffic accident where he had collided with and killed a pedestrian, but that the accident had been the pedestrian's fault alone. The claimant's claim for damages for personal injury would accordingly be dismissed, and the counterclaim of the defendant, the widow of the deceased pedestrian, would succeed.
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