Source: All England Reporter
Publisher Citation: [2002] All ER (D) 195 (Oct)
Court: Court of Appeal, Civil Division

Peter Gibson and Hale LJJ

Representation Martin Porter (instructed by Palser Grossman, Southampton) for the claimant.
  Peter Foster (instructed by Merricks, Chelmsford) for the defendant.
Judgment Dates: 15 October 2002


Negligence - Standard of care - Emergency situation - Reasonableness of defendant's actions - Defendant having road traffic accident - Defendant attempting to attract attention of passing vehicles.

The Case

Whilst the same standard of care was not expected of persons faced with emergency situations, they had to behave in a manner that was not unreasonable taking into account the exigencies of their situation. In the instant case, it had not been reasonable for the defendant, attempting to attract the attention of passing vehicles following an accident, to move suddenly from the side of the road into the path of fast moving vehicles when it was dark.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.