Askey v Wood [2005] EWCA Civ 574 (21 April 2005)

Askey v Wood [2005] EWCA Civ 574 (21 April 2005)

Both parties were negligent: the claimant for driving over the centre line and the defendant for excessive speed. The trial judge's apportionment of equal responsibility (50/50) was within the reasonable range and should not be disturbed on appeal.

Citation
[2005] EWCA Civ 574
Parties
Claimant/appellant: Bridgette Askey; Defendant/respondent: Paul Wood
Jurisdiction
England and Wales
Judgment Date
21 April 2005
Procedural Posture
Civil Appeal / Appeal From Leeds County Court Decision
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Road Traffic Accident, Apportionment of Liability, Costs
Tort Personal Injury Contributory Negligence Road Traffic Accident Apportionment of Liability Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bridgette Askey

Claimant/appellant

Paul Wood

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Leeds County Court Decision

Legal Issues

  1. 1 Whether the trial judge erred in apportioning liability equally between the parties for a road traffic accident involving a car and a motorcycle
  2. 2 Whether the defendant's excessive speed or the claimant's position over the centre line was the predominant cause of the accident
  3. 3 Whether the apportionment of 50/50 responsibility was just and equitable

Ratio Decidendi

Both parties were negligent: the claimant for driving over the centre line and the defendant for excessive speed. The trial judge's apportionment of equal responsibility (50/50) was within the reasonable range and should not be disturbed on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal, summarily assessed at £3,000 plus VAT