Gul v McDonagh & Anor [2021] EWCA Civ 1503 (19 October 2021)

Gul v McDonagh & Anor [2021] EWCA Civ 1503 (19 October 2021)

The trial judge was entitled to find that the claimant, a 13-year-old, failed to take reasonable care for his own safety by not appreciating the speed and danger posed by the defendant's vehicle and not waiting for it to pass; this failure was causative of the accident and justified a 10% reduction in damages, which was within the range of reasonable determinations under the Law Reform (Contributory Negligence) Act 1945.

Citation
[2021] EWCA Civ 1503
Parties
Claimant/appellant: Saboor Gul (by his father and litigation friend Ghafoor Gul); First Defendant/respondent: James McDonagh; Second Defendant/respondent: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
19 October 2021
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment on Preliminary Issue of Contributory Negligence
Outcome
Appeal dismissed
Legal Topics
Contributory Negligence, Apportionment of Liability, Road Traffic Accident, Damages Reduction
Tort Personal Injury Contributory Negligence Apportionment of Liability Road Traffic Accident Damages Reduction

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Parties

Saboor Gul (by his father and litigation friend Ghafoor Gul)

Claimant/appellant

James McDonagh

First Defendant/respondent

Motor Insurers Bureau

Second Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment on Preliminary Issue of Contributory Negligence

Legal Issues

  1. 1 Whether the claimant (a 13-year-old pedestrian) was contributorily negligent in a road traffic accident
  2. 2 Whether the trial judge erred in apportioning liability and reducing damages by 10% for contributory negligence

Ratio Decidendi

The trial judge was entitled to find that the claimant, a 13-year-old, failed to take reasonable care for his own safety by not appreciating the speed and danger posed by the defendant's vehicle and not waiting for it to pass; this failure was causative of the accident and justified a 10% reduction in damages, which was within the range of reasonable determinations under the Law Reform (Contributory Negligence) Act 1945.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant to recover 90% of any damages awarded, reflecting a 10% reduction for contributory negligence.