Topp v London Country Bus (South West) Ltd [1993] EWCA Civ 15 (29 January 1993)

Topp v London Country Bus (South West) Ltd [1993] EWCA Civ 15 (29 January 1993)

The defendant bus company did not owe a duty of care to the deceased for injuries caused by the criminal act of a third party who stole the bus, as the chain of causation was broken and the facts were indistinguishable from Denton v. United Counties Omnibus Company Ltd.

Citation
[1993] EWCA Civ 15
Parties
Plaintiff/appellant: David Topp; Defendant/respondent: London Country Bus (South West) Ltd.
Jurisdiction
England and Wales
Judgment Date
29 January 1993
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Liability for Acts of Third Parties, Causation
Tort Law Negligence Duty of Care Liability for Acts of Third Parties Causation

Case Brief

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Parties

David Topp

Plaintiff/appellant

London Country Bus (South West) Ltd.

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the defendant bus company owed a duty of care to the deceased in circumstances where a third party stole an unlocked bus and caused her death
  2. 2 Whether leaving a bus unlocked with the key in the ignition constitutes a breach of duty creating liability for subsequent third-party criminal acts

Ratio Decidendi

The defendant bus company did not owe a duty of care to the deceased for injuries caused by the criminal act of a third party who stole the bus, as the chain of causation was broken and the facts were indistinguishable from Denton v. United Counties Omnibus Company Ltd.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs