Puffett (a minor) v Hayfield [2005] EWCA Civ 1760 (16 December 2005)

Puffett (a minor) v Hayfield [2005] EWCA Civ 1760 (16 December 2005)

The trial judge was entitled, on the evidence and on a balance of probabilities, to find that the appellant's excessive speed was causative of the accident, even without specifying a minimum safe speed or the precise point where the child entered the carriageway. The absence of such findings did not preclude a finding of causation.

Citation
[2005] EWCA Civ 1760
Parties
Claimant/respondent: Adam Laurence Puffett (a minor, by his litigation friend Joyce Ann Puffett); Defendant/appellant: Sarah Hayfield
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability in Personal Injury Claim; Assessment of Damages Deferred
Outcome
Appeal dismissed
Legal Topics
Negligence, Causation, Road Traffic Accidents, Standard of Care
Tort Law Personal Injury Negligence Causation Road Traffic Accidents Standard of Care

Case Brief

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Parties

Adam Laurence Puffett (a minor, by his litigation friend Joyce Ann Puffett)

Claimant/respondent

Sarah Hayfield

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability in Personal Injury Claim; Assessment of Damages Deferred

Legal Issues

  1. 1 Whether the trial judge was entitled to find causation between excessive speed and injury without specifying a minimum safe speed
  2. 2 Whether the absence of a finding as to the precise point of emergence of the child precluded a finding of causation

Ratio Decidendi

The trial judge was entitled, on the evidence and on a balance of probabilities, to find that the appellant's excessive speed was causative of the accident, even without specifying a minimum safe speed or the precise point where the child entered the carriageway. The absence of such findings did not preclude a finding of causation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, to be the subject of detailed assessment if not agreed