Barry v Wynn [2001] EWCA Civ 710 (11 May 2001)

Barry v Wynn [2001] EWCA Civ 710 (11 May 2001)

The risk of the boys running out in front of the bus was not a reasonably apparent possibility that required the appellant to sound his horn. The recorder imposed too high a burden on the driver; the appellant's conduct did not amount to negligence in the circumstances.

Citation
[2001] EWCA Civ 710
Parties
Claimant/respondent: Robert Richard Barry; Defendant/appellant: John Stanley Wynn
Jurisdiction
England and Wales
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability in Road Traffic Accident
Outcome
Appeal allowed; judgment for defendant
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Road Traffic Accidents
Tort Law Personal Injury Negligence Contributory Negligence Duty of Care Road Traffic Accidents

Case Brief

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Parties

Robert Richard Barry

Claimant/respondent

John Stanley Wynn

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability in Road Traffic Accident

Legal Issues

  1. 1 Whether the appellant lorry driver was negligent in failing to sound his horn when overtaking a stationary bus from which children had alighted
  2. 2 Whether the risk of children running in front of the bus was a reasonably apparent possibility imposing a duty to take precautions

Ratio Decidendi

The risk of the boys running out in front of the bus was not a reasonably apparent possibility that required the appellant to sound his horn. The recorder imposed too high a burden on the driver; the appellant's conduct did not amount to negligence in the circumstances.

Court Disposition

Appeal allowed; judgment for defendant

Orders

  • Recorder's finding on liability set aside
  • Judgment entered for the appellant/defendant