Source: All England Reporter
Publisher Citation: [2007] All ER (D) 194 (Dec)
Neutral Citation: [2007] EWCA Civ 1315
Court: Court of Appeal, Civil Division
Judge:

Ward, Lawrence Collins and Toulson LJJ
Representation Lee Nowland (instructed by Express Solicitors) for the claimant.
  Marc Willems (instructed by Haliwells) for the deceased.
Judgment Dates: 13 December 2007

Catchwords

Negligence - Vehicles - Sudden and unexpected danger - Convey of four motorcycles - Lead motorcycle failing to negotiate bend and colliding with car on opposite side of road - Claimant riding motorcycle behind lead motorcycle - Claimant losing control of his motorcycle and sustaining injuries - Recorder dismissing claim by claimant - Whether recorder failing to consider whether claimant's loss of control caused by reaction to emergency in front of him - Whether contributory negligence.

The Case

Where the claimant sought damages for personal injuries arising from a road traffic accident, in which he had lost control of his motorcycle after the motorcycle in front of him, ridden by his friend, had collided with a car, the recorder had erred in not considering the claimant's case that his loss of control of the motorcycle had been caused by his reaction to the emergency ahead of him. The claimant was entitled to damages, reduced by 20% for contributory negligence.

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