Gul v McDonagh & Anor [2021] EWHC 97 (QB) (08 January 2021)

Gul v McDonagh & Anor [2021] EWHC 97 (QB) (08 January 2021)

A reasonably careful 13-year-old in the claimant's position should have appreciated that the defendant's car was travelling unusually fast and represented a danger, and should have waited for it to pass or kept it under observation while crossing. The claimant's failure to do so amounted to contributory negligence, but the first defendant's blameworthiness was overwhelmingly greater. A 10% reduction in damages is just and equitable.

Citation
[2021] EWHC 97 (QB)
Parties
Claimant: Saboor Gul (a child proceeding by his Father and Litigation Friend Ghafoor Gul); First Defendant: Mr James McDonagh; Second Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
08 January 2021
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Preliminary Issue of Contributory Negligence
Outcome
Liability apportioned 90:10 in favour of the claimant; claimant's damages reduced by 10% for contributory negligence.
Legal Topics
Contributory Negligence, Standard of Care for Children, Road Traffic Accidents, Assessment of Blameworthiness
Tort Law Personal Injury Contributory Negligence Standard of Care for Children Road Traffic Accidents Assessment of Blameworthiness

Case Brief

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Parties

Saboor Gul (a child proceeding by his Father and Litigation Friend Ghafoor Gul)

Claimant

Mr James McDonagh

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Preliminary Issue of Contributory Negligence

Legal Issues

  1. 1 What was the appropriate speed to drive along Bulwer Street?
  2. 2 At what speed did the first defendant drive along Bulwer Street?
  3. 3 At what speed did the Focus strike the claimant?

Ratio Decidendi

A reasonably careful 13-year-old in the claimant's position should have appreciated that the defendant's car was travelling unusually fast and represented a danger, and should have waited for it to pass or kept it under observation while crossing. The claimant's failure to do so amounted to contributory negligence, but the first defendant's blameworthiness was overwhelmingly greater. A 10% reduction in damages is just and equitable.

Court Disposition

Liability apportioned 90:10 in favour of the claimant; claimant's damages reduced by 10% for contributory negligence.

Orders

  • Judgment for the claimant with a 10% reduction for contributory negligence.
  • Damages to be assessed.