Howell-Williams v Richards Brothers & Anor

Howell-Williams v Richards Brothers & Anor

The accident would have been avoided if Mrs Wood had reduced her speed as required by her duty of care. Her failure to do so was causally connected to the accident and not a matter of coincidence. The trial judge's apportionment of two thirds liability to the bus operator and one third to Mrs Wood was reasonable and should not be disturbed.

Parties
Claimant: Emily Howell-Williams; First Defendant / Respondent: Richards Brothers; Second Defendant / Appellant: Lesley Wood; Third Defendant: Christine Phillips
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Civil Appeal / Appeal From Trial Judgment (liability and Apportionment)
Outcome
Appeal and cross appeal dismissed
Legal Topics
Duty of Care, Causation, Apportionment of Liability, Vicarious Liability, Road Traffic Accidents
Tort Law Negligence Personal Injury Duty of Care Causation Apportionment of Liability Vicarious Liability Road Traffic Accidents

Case Brief

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Parties

Emily Howell-Williams

Claimant

Richards Brothers

First Defendant / Respondent

Lesley Wood

Second Defendant / Appellant

Christine Phillips

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment (liability and Apportionment)

Legal Issues

  1. 1 Whether Mrs Wood (second defendant) was liable in negligence for the injuries to Emily Howell-Williams.
  2. 2 Whether the apportionment of liability between the first and second defendants was correct.
  3. 3 Whether the trial judge erred in his findings on causation.

Ratio Decidendi

The accident would have been avoided if Mrs Wood had reduced her speed as required by her duty of care. Her failure to do so was causally connected to the accident and not a matter of coincidence. The trial judge's apportionment of two thirds liability to the bus operator and one third to Mrs Wood was reasonable and should not be disturbed.

Court Disposition

Appeal and cross appeal dismissed

Orders

  • The appeal by Mrs Wood is dismissed.
  • The cross appeal by Richards Brothers is dismissed.