| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 287 (Jan) |
| Court: | Queen's Bench Division |
| Judge: | Morland J |
| Representation | Elizabeth Gumbel QC and Mark Whitcombe (instructed by the Official Solicitor) for the claimant. |
| Edward Faulks QC (instructed by Barlow Lyde & Gilbert) for the authority. | |
| Richard Lynagh QC and Paul Dean (instructed by Bruce Lance & Co, Poole) for S. | |
| Demod O'Brien QC and Neil Moody (instructed by Greenwoods) for the insurance company. | |
| Judgment Dates: | 29 January 2004 |
Catchwords
Negligence - Road traffic accident - Liability.
The Case
The claimant, who suffered from Down's Syndrome failed in his action against the local authority and the owner of a minibus who took him to the authority's day centre. On the evidence neither party had been negligent and therefore were not liable for the injuries the claimant sustained while crossing the road from his home to the minibus. Furthermore, the notice served, pursuant to s152 of the on the minibus owner's insurance company did not bite. The accident to the claimant was neither caused by the use of the minibus nor arose out of the use of a minibus within the meaning of s145 of the . Therefore it was not a risk or claim against which the user of a vehicle had to be compulsorily insured under the .
Practice Areas
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