Dickens v Bearman [2003] EWCA Crim 1397 (02 October 2003)

Dickens v Bearman [2003] EWCA Crim 1397 (02 October 2003)

There was no evidence to support a finding of contributory negligence by the claimant; the defendant was wholly to blame for failing to keep a proper lookout and reversing too briskly. The judge's apportionment of liability was incorrect and should be set aside.

Citation
[2003] EWCA Crim 1397
Parties
Claimant/appellant: Dickens (by his mother and litigation friend Mrs Dickens); Defendant/respondent: Bearman
Jurisdiction
England and Wales
Judgment Date
02 October 2003
Procedural Posture
Appeal (civil) / Appeal Against Apportionment of Liability in Running Down Action
Outcome
Appeal allowed
Legal Topics
Apportionment of Liability, Negligence, Contributory Negligence, Road Traffic Accidents
Tort Law Personal Injury Apportionment of Liability Negligence Contributory Negligence Road Traffic Accidents

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Parties

Dickens (by his mother and litigation friend Mrs Dickens)

Claimant/appellant

Bearman

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal Against Apportionment of Liability in Running Down Action

Legal Issues

  1. 1 Whether the claimant was contributorily negligent in the circumstances of the accident
  2. 2 Whether the judge was correct to apportion liability equally between claimant and defendant

Ratio Decidendi

There was no evidence to support a finding of contributory negligence by the claimant; the defendant was wholly to blame for failing to keep a proper lookout and reversing too briskly. The judge's apportionment of liability was incorrect and should be set aside.

Court Disposition

Appeal allowed

Orders

  • Order substituted: defendant held 100% liable for the accident
  • Defendant's renewed application for permission to appeal refused