Gul v McDonagh & Anor

Gul v McDonagh & Anor

A reasonably careful 13-year-old would and should have waited for the Focus to pass or kept it under observation while crossing. The claimant's momentary misjudgment contributed to the accident, but the first defendant's conduct was egregious. A just and equitable reduction in compensation is 10%.

Parties
Claimant: Saboor Gul (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 / Trial on Preliminary Issue of Contributory Negligence
Outcome
Liability apportioned 90:10 in favour of the claimant.
Legal Topics
Contributory Negligence, Road Traffic Accident, Liability Apportionment, Child Standard of Care
Tort Personal Injury Contributory Negligence Road Traffic Accident Liability Apportionment Child Standard of Care

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Parties

Saboor Gul (by his Father and Litigation Friend Ghafoor Gul)

Claimant

Mr James McDonagh

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury / 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 would and should have waited for the Focus to pass or kept it under observation while crossing. The claimant's momentary misjudgment contributed to the accident, but the first defendant's conduct was egregious. A just and equitable reduction in compensation is 10%.

Court Disposition

Liability apportioned 90:10 in favour of the claimant.

Orders

  • Claimant's compensation to be reduced by 10% for contributory negligence.
  • Second defendant liable to satisfy judgment against first defendant.