Craggy v Chief Constable of Cleveland Police [2009] EWCA Civ 1128 (06 October 2009)

Craggy v Chief Constable of Cleveland Police [2009] EWCA Civ 1128 (06 October 2009)

The Court of Appeal held that the trial judge set an unreasonably high standard for the police driver. Given the circumstances—early morning, clear road, green light, sirens and lights activated, and no reasonable expectation of another emergency vehicle entering against a red—the police driver was not negligent. The accident was caused by the claimant's admitted negligence in entering the junction against a red light at unsafe speed and without adequate view.

Citation
[2009] EWCA Civ 1128
Parties
Respondent/claimant: Craggy; Appellant/defendant: Chief Constable of Cleveland Police
Jurisdiction
England and Wales
Judgment Date
06 October 2009
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal Allowed
Legal Topics
Negligence, Contributory Negligence, Emergency Vehicles, Standard of Care, Apportionment of Liability
Tort Law Personal Injury Road Traffic Law Negligence Contributory Negligence Emergency Vehicles Standard of Care Apportionment of Liability

Case Brief

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Parties

Craggy

Respondent/claimant

Chief Constable of Cleveland Police

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the police driver (PC Price) was negligent in the circumstances of responding to an emergency call and colliding with a fire engine at a junction.
  2. 2 Whether the trial judge erred in finding the police driver partly liable for the collision.

Ratio Decidendi

The Court of Appeal held that the trial judge set an unreasonably high standard for the police driver. Given the circumstances—early morning, clear road, green light, sirens and lights activated, and no reasonable expectation of another emergency vehicle entering against a red—the police driver was not negligent. The accident was caused by the claimant's admitted negligence in entering the junction against a red light at unsafe speed and without adequate view.

Court Disposition

Appeal Allowed

Orders

  • Judgment for the Chief Constable of Cleveland Police; previous finding of negligence against PC Price set aside.