Ellis v Kelly & Anor

Ellis v Kelly & Anor

The court found that the defendant's reckless driving was outside the child's reasonable expectation and experience, and that the child’s momentary misjudgement did not amount to contributory negligence for an 8-year-old. The mother exercised reasonable care and was not negligent. Judgment was entered for the claimant on a full liability basis and the Part 20 claim against the mother was dismissed.

Parties
Claimant: Master Caine Steven John Ellis (by his Grandmother and Litigation Friend, Janet Titley); 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 (road Traffic Accident) With Part 20 Proceedings / Judgment on Liability and Part 20 Claim
Outcome
Judgment for the claimant on full liability; Part 20 claim against the mother dismissed.
Legal Topics
Contributory Negligence, Parental Responsibility, Standard of Care for Children, Road Traffic Accidents, Duty of Care
Tort Personal Injury Civil Procedure Contributory Negligence Parental Responsibility Standard of Care for Children Road Traffic Accidents Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Master Caine Steven John Ellis (by his Grandmother and Litigation Friend, Janet Titley)

Claimant

Mr Paul Kelly

Defendant/part 20 Claimant

Mrs Violet Ellis

Part 20 Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) With Part 20 Proceedings / 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 (Mrs Ellis) was negligent in allowing the child to be unsupervised and thus liable under the Part 20 claim

Ratio Decidendi

The court found that the defendant's reckless driving was outside the child's reasonable expectation and experience, and that the child’s momentary misjudgement did not amount to contributory negligence for an 8-year-old. The mother exercised reasonable care and was not negligent. Judgment was entered for the claimant on a full liability basis and the Part 20 claim against the mother was dismissed.

Court Disposition

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

Orders

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