Lindesay v Lamb & Anor [2008] EWCA Civ 616 (15 May 2008)

Lindesay v Lamb & Anor [2008] EWCA Civ 616 (15 May 2008)

There is a real prospect of success on appeal that the taxi's negligence in failing to brake in time may have contributed causatively to the accident between the lorry and scooter, warranting permission to appeal.

Citation
[2008] EWCA Civ 616
Parties
Respondent/claimant: Lindesay; Appellant/defendant: Lamb; Defendant (part 20): Tatner (Taxi)
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From Queen's Bench Division Judgment
Outcome
Permission to appeal granted
Legal Topics
Negligence, Contributory Negligence, Causation, Road Traffic Accident
Tort Law Personal Injury Negligence Contributory Negligence Causation Road Traffic Accident

Case Brief

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Parties

Lindesay

Respondent/claimant

Lamb

Appellant/defendant

Tatner (Taxi)

Defendant (part 20)

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From Queen's Bench Division Judgment

Legal Issues

  1. 1 Whether the taxi driver's admitted negligence was causatively relevant to the accident between the lorry and the scooter
  2. 2 Whether the judge erred in finding the taxi's negligence irrelevant to the causation of the accident between lorry and scooter

Ratio Decidendi

There is a real prospect of success on appeal that the taxi's negligence in failing to brake in time may have contributed causatively to the accident between the lorry and scooter, warranting permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted