Source: All England Reporter
Publisher Citation: [2001] All ER (D) 345 (Feb)
Court: Court of Appeal, Civil Division

Schiemann, Sedley LJJ and Bodey J

Representation Michael Redfern QC and James Rowley (instructed by Thompsons, Leeds) for the claimant.
  Stuart Brown QC and Richard Copnall (instructed by Beachcroft Wansbroughs, Leeds) for the first defendant.
  Anthony Goldstraub QC (instructed by Keeble Hawson, Sheffield) for the second defendant.
Judgment Dates: 27 February 2001


Negligence - Causation - Breach of duty causing or materially contributing to damage - Causal connection between breach of duty and damage - Judge finding defendants negligent but negligence not causative of claimant's accident - Whether judge in error.

The Case

The defendants had failed to enforce their own system for segregating riders of different speeds and experience on a racing circuit, and that failure had allowed the presence on the track of the slow riders. That had had a causative role in the claimant's accident as had they not been there, he would not have had to avoid them, and the defendants would be liable for the claimant's injuries. However, in the light of the claimant's contributory negligence, his award would be reduced by two thirds.

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