Adlington v Metropolitan Police Authority [2002] EWCA Civ 1712 (8 November 2002)

Adlington v Metropolitan Police Authority [2002] EWCA Civ 1712 (8 November 2002)

On the judge's findings of fact, Miss Andrade was not negligent; the claimant, familiar with the system, should not have proceeded without express authority. The system was proper and did not require further warnings or controls. No breach of duty by the defendant was established.

Citation
[2002] EWCA Civ 1712
Parties
Respondent/claimant: Robert Peter Adlington; Appellant/defendant: Metropolitan Police Authority
Jurisdiction
England and Wales
Judgment Date
08 November 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Employer's Liability
Tort Law Personal Injury Negligence Vicarious Liability Contributory Negligence Employer's Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Peter Adlington

Respondent/claimant

Metropolitan Police Authority

Appellant/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Metropolitan Police Authority (via its employee Miss Andrade) was negligent in permitting the claimant to enter the car park when the shutter door was liable to close and strike him
  2. 2 Whether the claimant was contributorily negligent in the circumstances of the accident

Ratio Decidendi

On the judge's findings of fact, Miss Andrade was not negligent; the claimant, familiar with the system, should not have proceeded without express authority. The system was proper and did not require further warnings or controls. No breach of duty by the defendant was established.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs here and below
  • Sum paid into court of £5,000 to be paid out to the appellant's solicitors without further order