Donaldson v Wilson [2004] EWCA Civ 123 (26 January 2004)

Donaldson v Wilson [2004] EWCA Civ 123 (26 January 2004)

On the facts, it was foreseeable that the gate might be left open and cattle could stray onto the road, and the cost of preventative measures was small; therefore, the defendant was in breach of his duty of care to the claimant.

Citation
[2004] EWCA Civ 123
Parties
Claimant/respondent: Peter Donaldson; Defendant/appellant: Alec Norris Wilson
Jurisdiction
England and Wales
Judgment Date
26 January 2004
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted on condition that the defendant indemnifies the claimant for costs in the Court of Appeal; no order for costs at this stage.
Legal Topics
Negligence, Duty of Care, Liability for Animals, Standard of Care
Tort Law Negligence Duty of Care Liability for Animals Standard of Care

Case Brief

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Parties

Peter Donaldson

Claimant/respondent

Alec Norris Wilson

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant farmer breached his duty of care by failing to secure a gate, resulting in cattle straying onto a public road and causing injury to the claimant.

Ratio Decidendi

On the facts, it was foreseeable that the gate might be left open and cattle could stray onto the road, and the cost of preventative measures was small; therefore, the defendant was in breach of his duty of care to the claimant.

Court Disposition

Permission to appeal granted on condition that the defendant indemnifies the claimant for costs in the Court of Appeal; no order for costs at this stage.

Orders

  • Permission to appeal granted subject to conditions regarding costs.
  • Defendant to indemnify claimant for costs in the Court of Appeal in any event.