Source: All England Reporter
Publisher Citation: [2003] All ER (D) 352 (May)
Neutral Citation: [2003] EWCA Civ 730
Court: Court of Appeal, Civil Division

Schiemann, Sedley and Laws LJJ

Representation David Wilby QC (instructed by Dakers Green Brett, Chatham) for the claimant.
  Ian Burnett QC and Ian Ashford-Thom (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 23 May 2003


Negligence - Causation - Road traffic accident - Design of roundabout.

The Case

Where the claimant's driving, in driving into the central island of a roundabout, had been outside what could be described as negligence in common, it was such that it would not be regarded by a competent road traffic engineer as something for which design provision should be made. Accordingly, there had been no negligence on the part of the defendant highway authority of which the claimant could complain.

Practice Areas

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