| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 318 (Oct) |
| Neutral Citation: | [2008] EWCA Civ 1108 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Laws, Longmore and Richards LJJ |
| Representation | The claimant did not appear and was not represented. |
| Howard Palmer QC (instructed by John Collins & Partners) for the first defendant. | |
| Julian Mathews (instructed by Greenwoods Solicitors) for the second defendant. | |
| Judgment Dates: | 16 July 2008 |
Catchwords
Negligence - Duty to take care - Driver of motor vehicle - Whether accident coincidence or caused by negligence - Whether judge erring finding second defendant liable - Whether judge erring in apportionment of liability.
The Case
Negligence Duty to take care. Court of Appeal, Civil Division: The judge had rightly found the second defendant, by failing to drive more slowly, to have breached her duty of care towards the claimant pedestrian. The accident had not been the result of sheer coincidence but had been causally related to the second defendant's breach of duty.
Practice Areas
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