George v Stagecoach South East London & Anor [2001] EWCA Civ 1029 (26 June 2001)

George v Stagecoach South East London & Anor [2001] EWCA Civ 1029 (26 June 2001)

There was sufficient evidence for the trial judge to find that the claimant was visible and should have been seen by the bus driver, who failed to keep a proper lookout and was negligent. The apportionment of liability was within the judge's discretion and not plainly wrong.

Citation
[2001] EWCA Civ 1029
Parties
Claimant/respondent: Julia George; Defendant/applicant: Stagecoach South East London and Kent Bus Company Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Standard of Care
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Standard of Care

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Parties

Julia George

Claimant/respondent

Stagecoach South East London and Kent Bus Company Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge erred in finding the bus driver negligent in causing the accident
  2. 2 Whether the apportionment of liability (60% to defendant, 40% to claimant) was erroneous

Ratio Decidendi

There was sufficient evidence for the trial judge to find that the claimant was visible and should have been seen by the bus driver, who failed to keep a proper lookout and was negligent. The apportionment of liability was within the judge's discretion and not plainly wrong.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused