Goad v Butcher & Anor [2011] EWCA Civ 158 (22 February 2011)

Goad v Butcher & Anor [2011] EWCA Civ 158 (22 February 2011)

The defendant was not negligent in making the turn with 110 metres visibility on a clear day; the accident was solely caused by the claimant's excessive speed, and the judge was entitled to dismiss the claim.

Citation
[2011] EWCA Civ 158
Parties
Claimant/appellant: Nicholas Owen Goad; First Defendant/respondent: Peter Butcher; Second Defendant/respondent: W. I. Butcher & Sons
Jurisdiction
England and Wales
Judgment Date
22 February 2011
Procedural Posture
Personal Injury Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Highway Code, Duty of Care, Causation
Tort Personal Injury Road Traffic Negligence Contributory Negligence Highway Code Duty of Care Causation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nicholas Owen Goad

Claimant/appellant

Peter Butcher

First Defendant/respondent

W. I. Butcher & Sons

Second Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant was negligent in making a right turn across the claimant's path
  2. 2 Whether breach of the Highway Code constituted negligence
  3. 3 Whether the claimant's excessive speed was the sole cause of the accident

Ratio Decidendi

The defendant was not negligent in making the turn with 110 metres visibility on a clear day; the accident was solely caused by the claimant's excessive speed, and the judge was entitled to dismiss the claim.

Court Disposition

Appeal dismissed