Purdue v Devon Fire & Rescue Service [2002] EWCA Civ 1538 (9 October 2002)

Purdue v Devon Fire & Rescue Service [2002] EWCA Civ 1538 (9 October 2002)

The fire engine driver was negligent in crossing a red light at excessive speed and failing to activate audible warnings, without being sure the claimant had seen the vehicle. The claimant was contributorily negligent for failing to observe the approaching fire engine, which was visible with flashing lights, before entering the junction on a green light. Responsibility was apportioned 80% to the defendant and 20% to the claimant.

Citation
[2002] EWCA Civ 1538
Parties
Respondent/claimant: Colin Purdue; Appellant/defendant: Devon Fire and Rescue Service
Jurisdiction
England and Wales
Judgment Date
09 October 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Liability and Contributory Negligence
Outcome
Appeal allowed in part; judgment for claimant with 20% contributory negligence
Legal Topics
Negligence, Contributory Negligence, Emergency Vehicles, Traffic Signals, Personal Injury
Tort Law Road Traffic Law Negligence Contributory Negligence Emergency Vehicles Traffic Signals Personal Injury

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Parties

Colin Purdue

Respondent/claimant

Devon Fire and Rescue Service

Appellant/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the driver of the fire engine was negligent in proceeding through a red light without activating audible warnings and at excessive speed
  2. 2 Whether the claimant was contributorily negligent for failing to observe the approaching fire engine before entering the junction on a green light

Ratio Decidendi

The fire engine driver was negligent in crossing a red light at excessive speed and failing to activate audible warnings, without being sure the claimant had seen the vehicle. The claimant was contributorily negligent for failing to observe the approaching fire engine, which was visible with flashing lights, before entering the junction on a green light. Responsibility was apportioned 80% to the defendant and 20% to the claimant.

Court Disposition

Appeal allowed in part; judgment for claimant with 20% contributory negligence

Orders

  • Judgment for claimant with damages to be reduced by 20% for contributory negligence
  • Claimant awarded costs of the appeal on an indemnity basis under CPR Part 36.21, but no interest on costs