Donaldson v Wilson

The defendant was in breach of his duty of care to the claimant because it was foreseeable that cattle could escape if the gate was left open, and the cost of preventing this was minimal. The recorder was entitled to find negligence on the facts.

Parties: Claimant/respondent: Peter Donaldson; Defendant/appellant: Alec Norris Wilson
Jurisdiction: England and Wales
Judgment Date: 26 January 2004
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Permission to appeal granted on condition that the defendant indemnifies the claimant for his costs in the Court of Appeal; no order for costs at this stage.
Legal Topics: Duty of Care, Liability for Animals, Standard of Care, Road Traffic Accident

Tort Law Negligence Duty of Care Liability for Animals Standard of Care Road Traffic Accident

Case Brief

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Parties

Peter Donaldson

Claimant/respondent

Alec Norris Wilson

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the defendant owed a duty of care to the claimant regarding the escape of cattle
2 Whether the defendant was negligent in failing to secure the gate to prevent cattle from straying onto the road

Ratio Decidendi

Court Disposition

Permission to appeal granted on condition that the defendant indemnifies the claimant for his costs in the Court of Appeal; no order for costs at this stage.

Orders

Permission to appeal granted subject to indemnity for claimant's costs in the Court of Appeal.
Order for costs in the court below remains undisturbed.