Howell-Williams v Richards Brothers & Anor [2008] EWCA Civ 1108 (16 July 2008)

Howell-Williams v Richards Brothers & Anor [2008] EWCA Civ 1108 (16 July 2008)

Mrs Wood breached her duty of care by failing to reduce her speed when passing a stationary school bus, and this breach was a direct and legally relevant cause of the accident. The trial judge's apportionment of two thirds liability to the bus operator and one third to Mrs Wood was justified and should not be disturbed.

Citation
[2008] EWCA Civ 1108
Parties
Claimant: Emily Howell-Williams; First Defendant / Respondent: Richards Brothers; Second Defendant / Appellant: Lesley Wood
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Civil Appeal / Appeal From Swansea County Court Judgment on Liability and Apportionment
Outcome
Appeal and cross appeal dismissed
Legal Topics
Negligence, Causation, Apportionment of Liability, Duty of Care, Road Traffic Accident
Tort Law Personal Injury Negligence Causation Apportionment of Liability Duty of Care Road Traffic Accident

Case Brief

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Parties

Emily Howell-Williams

Claimant

Richards Brothers

First Defendant / Respondent

Lesley Wood

Second Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From Swansea County Court Judgment on Liability and Apportionment

Legal Issues

  1. 1 Whether Mrs Wood was negligent in failing to reduce speed when passing a stationary school bus
  2. 2 Whether Mrs Wood's breach of duty was a cause of the accident
  3. 3 Proper apportionment of liability between bus operator and motorist

Ratio Decidendi

Mrs Wood breached her duty of care by failing to reduce her speed when passing a stationary school bus, and this breach was a direct and legally relevant cause of the accident. The trial judge's apportionment of two thirds liability to the bus operator and one third to Mrs Wood was justified and should not be disturbed.

Court Disposition

Appeal and cross appeal dismissed

Orders

  • Original apportionment of liability stands: two thirds against Richards Brothers, one third against Lesley Wood
  • No change to trial court's findings or orders