Armsden v Kent Police [2009] EWCA Civ 631 (26 June 2009)

Armsden v Kent Police [2009] EWCA Civ 631 (26 June 2009)

PC Purse's excessive speed without sounding the siren was negligent and a contributory cause of the accident, but Ms Cheesewright's failure to keep a proper lookout to the right when emerging onto the major road was the greater cause; liability apportioned 40% to Kent Police, 60% to Ms Cheesewright.

Citation
[2009] EWCA Civ 631
Parties
Claimant/respondent: Alan Armsden (as Executor of the Estate of Rachael Cheesewright deceased); Defendant/appellant: Kent Police
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Appeal / Judgment on Appeal From Trial of Liability
Outcome
Appeal allowed; judgment substituted for apportionment of liability.
Legal Topics
Contributory Negligence, Duty of Care, Emergency Vehicle Liability, Road Traffic Accidents
Tort Law Negligence Personal Injury Contributory Negligence Duty of Care Emergency Vehicle Liability Road Traffic Accidents

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Parties

Alan Armsden (as Executor of the Estate of Rachael Cheesewright deceased)

Claimant/respondent

Kent Police

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Trial of Liability

Legal Issues

  1. 1 Whether PC Purse was negligent in causing the fatal accident
  2. 2 Whether Ms Cheesewright was contributorily negligent
  3. 3 Appropriate apportionment of liability

Ratio Decidendi

PC Purse's excessive speed without sounding the siren was negligent and a contributory cause of the accident, but Ms Cheesewright's failure to keep a proper lookout to the right when emerging onto the major road was the greater cause; liability apportioned 40% to Kent Police, 60% to Ms Cheesewright.

Court Disposition

Appeal allowed; judgment substituted for apportionment of liability.

Orders

  • Liability apportioned 40% to Kent Police, 60% to Ms Cheesewright's estate.