Arnesen v Heffey [2002] EWCA Civ 1058 (9 July 2002)

Arnesen v Heffey [2002] EWCA Civ 1058 (9 July 2002)

There was no evidential basis to find the defendant negligent for failing to move to the hard shoulder or central reservation after a tyre blow-out; the responsibility for the accident rested on the claimant's failure to keep a proper look-out and maintain a safe distance.

Citation
[2002] EWCA Civ 1058
Parties
Claimant/respondent: Terry Arnesen; Defendant/appellant: Sian Iona Heffey
Jurisdiction
England and Wales
Judgment Date
09 July 2002
Procedural Posture
Civil Appeal / Appeal From Judgment of Northampton County Court
Outcome
Appeal allowed; judgment against defendant set aside
Legal Topics
Negligence, Contributory Negligence, Motorway Accidents, Standard of Care, Apportionment of Liability
Tort Personal Injury Motor Vehicle Law Negligence Contributory Negligence Motorway Accidents Standard of Care Apportionment of Liability

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Parties

Terry Arnesen

Claimant/respondent

Sian Iona Heffey

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Judgment of Northampton County Court

Legal Issues

  1. 1 Whether the defendant was negligent in failing to move her vehicle to the hard shoulder or central reservation after a tyre blow-out
  2. 2 Whether the claimant was contributorily negligent in failing to keep a proper look-out and maintaining insufficient distance

Ratio Decidendi

There was no evidential basis to find the defendant negligent for failing to move to the hard shoulder or central reservation after a tyre blow-out; the responsibility for the accident rested on the claimant's failure to keep a proper look-out and maintain a safe distance.

Court Disposition

Appeal allowed; judgment against defendant set aside

Orders

  • Appeal allowed
  • Counsel to agree a minute of order