Sam v Atkins [2005] EWCA Civ 1452 (09 November 2005)

Sam v Atkins [2005] EWCA Civ 1452 (09 November 2005)

On the judge's factual findings, the defendant was not in breach of duty to the claimant because the accident was not foreseeable and could not have been avoided by reasonable care; the claimant's own actions were the sole cause of her injuries.

Citation
[2005] EWCA Civ 1452
Parties
Claimant/appellant: Roda Sam (previously known as Rawdah Al-Sam); Defendant/respondent: Pascale Atkins
Jurisdiction
England and Wales
Judgment Date
09 November 2005
Procedural Posture
Civil Appeal (personal Injury, Negligence) / Appeal From Luton County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Causation, Contributory Negligence, Duty of Care, Road Traffic Accident
Tort Law Personal Injury Negligence Causation Contributory Negligence Duty of Care Road Traffic Accident

Case Brief

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Parties

Roda Sam (previously known as Rawdah Al-Sam)

Claimant/appellant

Pascale Atkins

Defendant/respondent

Procedural Posture

Civil Appeal (personal Injury, Negligence) / Appeal From Luton County Court Judgment

Legal Issues

  1. 1 Whether the defendant's negligence caused the claimant's injuries
  2. 2 Whether the defendant owed a duty of care to avoid the specific injury suffered by the claimant
  3. 3 Whether the claimant was contributorily negligent and to what extent

Ratio Decidendi

On the judge's factual findings, the defendant was not in breach of duty to the claimant because the accident was not foreseeable and could not have been avoided by reasonable care; the claimant's own actions were the sole cause of her injuries.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of appeal assessed at £7,000 to respondents