Sousa v A & J Bull Ltd & Anor [2001] EWCA Civ 1039 (27 June 2001)

Sousa v A & J Bull Ltd & Anor [2001] EWCA Civ 1039 (27 June 2001)

There was no proper evidential basis to conclude that the proximity of the lorry caused the loss of control of the bicycle. The evidence showed the bicycle was already unstable and the lorry did not strike it. Without causation, there could be no liability in negligence. The trial judge erred in finding for the claimant.

Citation
[2001] EWCA Civ 1039
Parties
Claimant/respondent: Joao Silveiro Rodriguez Sousa; Defendant/appellant: A & J Bull Limited; Defendant/appellant: William Martin Kew
Jurisdiction
England and Wales
Judgment Date
27 June 2001
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed; order of the judge below set aside.
Legal Topics
Negligence, Causation, Contributory Negligence, Road Traffic Accident
Tort Law Personal Injury Negligence Causation Contributory Negligence Road Traffic Accident

Case Brief

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Parties

Joao Silveiro Rodriguez Sousa

Claimant/respondent

A & J Bull Limited

Defendant/appellant

William Martin Kew

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the defendants were liable in negligence for injuries caused to the claimant in a road traffic accident
  2. 2 Whether the claimant contributed to the accident by his own negligence
  3. 3 Whether the judge erred in finding causation between the lorry's proximity and the loss of control of the bicycle

Ratio Decidendi

There was no proper evidential basis to conclude that the proximity of the lorry caused the loss of control of the bicycle. The evidence showed the bicycle was already unstable and the lorry did not strike it. Without causation, there could be no liability in negligence. The trial judge erred in finding for the claimant.

Court Disposition

Appeal allowed; order of the judge below set aside.

Orders

  • Order of Mr Arthur Marriott QC set aside
  • Claimant's liability for costs assessed at nil