Exel Logistics Ltd v Curran & Ors

Exel Logistics Ltd v Curran & Ors

The accident was caused by the combination of Exel's negligent assembly of the front off-side tyre, which failed during the journey, and Land Rover's provision of a vehicle with dangerously under-inflated rear tyres. Mr Curran was not negligent. Exel and Land Rover were equally to blame and liability should be apportioned 50/50.

Parties
Appellant/third Defendant: Exel Logistics Ltd; First Respondent/first Defendant: Wayne Curran; Second Respondent/second Defendant: Land Rover (UK) Ltd; Claimant/respondent: Paul Stimpson
Jurisdiction
England and Wales
Judgment Date
30 September 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; liability apportioned equally between Exel Logistics and Land Rover.
Legal Topics
Apportionment of Liability, Duty of Care, Causation, Motor Vehicle Accidents
Tort Law Negligence Apportionment of Liability Duty of Care Causation Motor Vehicle Accidents

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Parties

Exel Logistics Ltd

Appellant/third Defendant

Wayne Curran

First Respondent/first Defendant

Land Rover (UK) Ltd

Second Respondent/second Defendant

Paul Stimpson

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Curran was negligent in failing to check tyre pressures or in his driving
  2. 2 Whether Exel Logistics' negligent assembly of the tyre was causative of the accident
  3. 3 Proper apportionment of liability between Exel Logistics and Land Rover

Ratio Decidendi

The accident was caused by the combination of Exel's negligent assembly of the front off-side tyre, which failed during the journey, and Land Rover's provision of a vehicle with dangerously under-inflated rear tyres. Mr Curran was not negligent. Exel and Land Rover were equally to blame and liability should be apportioned 50/50.

Court Disposition

Appeal allowed in part; liability apportioned equally between Exel Logistics and Land Rover.

Orders

  • Exel Logistics and Land Rover each to bear 50% liability for damages to Mr Stimpson.