Lac & Ors v Clayton
The claimants were not negligent in remaining by their vehicle after the accident, given the absence of an obviously safer alternative, the shock of the incident, and the fact that the Highway Code did not directly apply. The judge's finding of no contributory negligence was upheld.
- Parties
- Respondents/claimants: Minh Lac & Ors; Appellant/defendant: Clayton
- Jurisdiction
- England and Wales
- Judgment Date
- 03 February 2009
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Contributory Negligence, Road Traffic Accident, Highway Code Application
Case Brief
Summary, issues, holding and outcome
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Parties
Minh Lac & Ors
Respondents/claimants
Clayton
Appellant/defendant
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Legal Issues
- 1 Whether the claimants were guilty of contributory negligence for failing to move to a safer position after a road traffic accident
Ratio Decidendi
The claimants were not negligent in remaining by their vehicle after the accident, given the absence of an obviously safer alternative, the shock of the incident, and the fact that the Highway Code did not directly apply. The judge's finding of no contributory negligence was upheld.
Court Disposition
Appeal dismissed
Orders
- No contributory negligence found against the claimants
- Original judgment upheld
Full Case Text
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