North v TNT Express (UK) Ltd [2001] EWCA Civ 853 (25 May 2001)

North v TNT Express (UK) Ltd [2001] EWCA Civ 853 (25 May 2001)

In the particular circumstances, the lorry driver did not breach the duty of care as his actions were a reasonable response to the situation created by the claimant's irresponsible conduct.

Citation
[2001] EWCA Civ 853
Parties
Claimant/respondent: Lee North; Defendant/appellant: TNT Express (UK) Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2001
Procedural Posture
Appeal From Queen's Bench Division (personal Injury) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Negligence, Duty of Care, Contributory Negligence, Volenti Non Fit Injuria, Causation
Tort Law Personal Injury Negligence Duty of Care Contributory Negligence Volenti Non Fit Injuria Causation

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Parties

Lee North

Claimant/respondent

TNT Express (UK) Limited

Defendant/appellant

Procedural Posture

Appeal From Queen's Bench Division (personal Injury) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the lorry driver breached the duty of care owed to the claimant
  2. 2 Whether the claimant's actions broke the chain of causation
  3. 3 Applicability of volenti non fit injuria

Ratio Decidendi

In the particular circumstances, the lorry driver did not breach the duty of care as his actions were a reasonable response to the situation created by the claimant's irresponsible conduct.

Court Disposition

Appeal allowed

Orders

  • Order of the lower court set aside
  • Costs awarded against the respondent, subject to detailed assessment