Billington v Maguire & Anor [2001] EWCA Civ 273 (9 February 2001)

Billington v Maguire & Anor [2001] EWCA Civ 273 (9 February 2001)

The van and trailer parked by Mr Maguire created a reasonably foreseeable risk to cyclists by obstructing the cycle lane, and he failed to take available precautions. The claimant's injury was of a kind reasonably foreseeable, and the judge's finding of no negligence was not sustainable. However, the claimant's own negligence contributed substantially to the accident.

Citation
[2001] EWCA Civ 273
Parties
Claimant/appellant: Tracy Foster nee Billington; Defendant/respondent: John Maguire; Defendant/respondent: Irwell Construction Limited
Jurisdiction
England and Wales
Judgment Date
09 February 2001
Procedural Posture
Appeal From Queen's Bench Division / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Negligence, Duty of Care, Contributory Negligence, Foreseeability, Remoteness of Damage, Vicarious Liability
Tort Law Personal Injury Negligence Duty of Care Contributory Negligence Foreseeability Remoteness of Damage Vicarious Liability

Case Brief

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Parties

Tracy Foster nee Billington

Claimant/appellant

John Maguire

Defendant/respondent

Irwell Construction Limited

Defendant/respondent

Procedural Posture

Appeal From Queen's Bench Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether parking the van and trailer obstructing the cycle lane constituted negligence
  2. 2 Whether the risk of injury to cyclists was reasonably foreseeable
  3. 3 Whether the claimant's own negligence contributed to the accident

Ratio Decidendi

The van and trailer parked by Mr Maguire created a reasonably foreseeable risk to cyclists by obstructing the cycle lane, and he failed to take available precautions. The claimant's injury was of a kind reasonably foreseeable, and the judge's finding of no negligence was not sustainable. However, the claimant's own negligence contributed substantially to the accident.

Court Disposition

Appeal allowed

Orders

  • Order of the judge below set aside
  • Damages to be assessed subject to a 70% reduction for contributory negligence