Ellis v Kelly & Anor [2018] EWHC 2031 (QB) (31 July 2018)

Ellis v Kelly & Anor [2018] EWHC 2031 (QB) (31 July 2018)

The claimant, an 8-year-old, was not contributorily negligent as his actions amounted to a momentary misjudgement in circumstances outside his experience, and the defendant's reckless speeding was the primary cause. The claimant's mother was not negligent as she acted as a reasonable parent would, giving appropriate instructions and supervision. No liability attaches to either the child or the parent.

Citation
[2018] EWHC 2031
Parties
Claimant: Master Caine Steven John Ellis; Defendant/part 20 Claimant: Mr Paul Kelly; Part 20 Defendant: Mrs Violet Ellis
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Personal Injury Claim With Part 20 Proceedings / Liability Trial; Judgment on Liability and Part 20 Claim
Outcome
Judgment for the claimant on full liability; Part 20 claim dismissed.
Legal Topics
Contributory Negligence, Parental Liability, Road Traffic Accidents, Duty of Care, Standard of Care for Children
Tort Law Personal Injury Contributory Negligence Parental Liability Road Traffic Accidents Duty of Care Standard of Care for Children

Case Brief

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Parties

Master Caine Steven John Ellis

Claimant

Mr Paul Kelly

Defendant/part 20 Claimant

Mrs Violet Ellis

Part 20 Defendant

Procedural Posture

Personal Injury Claim With Part 20 Proceedings / Liability Trial; Judgment on Liability and Part 20 Claim

Legal Issues

  1. 1 Whether the child claimant was contributorily negligent in the road traffic accident
  2. 2 Whether the claimant's mother was negligent and liable under the Part 20 claim

Ratio Decidendi

The claimant, an 8-year-old, was not contributorily negligent as his actions amounted to a momentary misjudgement in circumstances outside his experience, and the defendant's reckless speeding was the primary cause. The claimant's mother was not negligent as she acted as a reasonable parent would, giving appropriate instructions and supervision. No liability attaches to either the child or the parent.

Court Disposition

Judgment for the claimant on full liability; Part 20 claim dismissed.

Orders

  • Damages to be assessed on a full liability basis.
  • Part 20 claim against Mrs Ellis dismissed.