Bland & Anor v Morris & Anor [2006] EWCA Civ 56 (18 January 2006)

Bland & Anor v Morris & Anor [2006] EWCA Civ 56 (18 January 2006)

The judge was entitled to find Mrs Morris two-thirds to blame and Mr Bland one-third to blame for the accident, given Mrs Morris's direct responsibility for her passengers and her failure to take available steps to ensure their safety after stopping in a dangerous position, and there was no error in the judge's apportionment of liability.

Citation
[2006] EWCA Civ 56
Parties
Respondent/claimant: Simon Paul Bland; Respondent/claimant: Rathbones Bakeries Ltd; Appellant/defendant: Jeanette Priscilla Morris; Appellant/defendant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
18 January 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Apportionment of Liability, Duty of Care, Road Traffic Accidents, Contributory Negligence
Tort Personal Injury Road Traffic Negligence Apportionment of Liability Duty of Care Road Traffic Accidents Contributory Negligence

Case Brief

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Parties

Simon Paul Bland

Respondent/claimant

Rathbones Bakeries Ltd

Respondent/claimant

Jeanette Priscilla Morris

Appellant/defendant

Ministry of Defence

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the apportionment of liability for a road traffic accident between Mrs Morris and Mr Bland was correct
  2. 2 Whether Mrs Morris owed a greater duty of care to her passengers than Mr Bland
  3. 3 Whether the judge erred in attributing two-thirds of the blame to Mrs Morris

Ratio Decidendi

The judge was entitled to find Mrs Morris two-thirds to blame and Mr Bland one-third to blame for the accident, given Mrs Morris's direct responsibility for her passengers and her failure to take available steps to ensure their safety after stopping in a dangerous position, and there was no error in the judge's apportionment of liability.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Parties to use best endeavours to agree costs; any disagreement to be submitted on paper to Lord Justice Buxton for summary assessment