Davies v Cullip [2008] EWCA Civ 1620 (10 December 2008)

Davies v Cullip [2008] EWCA Civ 1620 (10 December 2008)

The Recorder's findings of fact established that Mr Cullip was negligent in emerging onto the main road without ensuring it was safe, causing the collision and injury. Mr Davies' actions, even if involving a slight deviation into the hatched area, were not causative and did not amount to contributory negligence. The only proper conclusion was that Mr Cullip was wholly to blame.

Citation
[2008] EWCA Civ 1620
Parties
Respondent/claimant: Owen Davies; Appellant/defendant: Daren Cullip
Jurisdiction
England and Wales
Judgment Date
10 December 2008
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Highway Code, Liability in Road Traffic Accidents
Tort Personal Injury Road Traffic Negligence Contributory Negligence Highway Code Liability in Road Traffic Accidents

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Parties

Owen Davies

Respondent/claimant

Daren Cullip

Appellant/defendant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment on Liability

Legal Issues

  1. 1 Whether Mr Cullip was negligent in emerging onto the main road
  2. 2 Whether Mr Davies was contributorily negligent by entering the hatched area in breach of Rule 109 of the Highway Code

Ratio Decidendi

The Recorder's findings of fact established that Mr Cullip was negligent in emerging onto the main road without ensuring it was safe, causing the collision and injury. Mr Davies' actions, even if involving a slight deviation into the hatched area, were not causative and did not amount to contributory negligence. The only proper conclusion was that Mr Cullip was wholly to blame.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; liability remains wholly with Mr Cullip