Steadman v London United Busways Ltd & Anor [2011] EWHC 2136 (QB) (05 August 2011)

Steadman v London United Busways Ltd & Anor [2011] EWHC 2136 (QB) (05 August 2011)

The court found that the second defendant, Matthew Sala, did not brake suddenly or negligently and that his driving was considerate and appropriate in the circumstances. The evidence of the bus driver, Mr Atkinson, was found to be unreliable and self-serving. The court concluded that the accident was not caused by any negligence on the part of the second defendant. Accordingly, the first defendant, London United Busways Limited, remained liable for the claimant's injuries pursuant to its undertaking.

Citation
[2011] EWHC 2136
Parties
Claimant: Valerie Steadman; First Defendant: London United Busways Limited; Second Defendant: Matthew Sala
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Personal Injury / Trial of Preliminary Issue of Liability Between Defendants
Outcome
Second defendant not liable; first defendant remains liable for claimant's injuries.
Legal Topics
Negligence, Road Traffic Accident, Vicarious Liability, Evidence Assessment
Tort Law Personal Injury Negligence Road Traffic Accident Vicarious Liability Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Valerie Steadman

Claimant

London United Busways Limited

First Defendant

Matthew Sala

Second Defendant

Procedural Posture

Personal Injury / Trial of Preliminary Issue of Liability Between Defendants

Legal Issues

  1. 1 Whether the second defendant, Matthew Sala, was negligent and caused the accident resulting in the claimant's injuries
  2. 2 Whether the first defendant, London United Busways Limited, was liable for the accident
  3. 3 Assessment of credibility of witnesses and reliability of evidence

Ratio Decidendi

The court found that the second defendant, Matthew Sala, did not brake suddenly or negligently and that his driving was considerate and appropriate in the circumstances. The evidence of the bus driver, Mr Atkinson, was found to be unreliable and self-serving. The court concluded that the accident was not caused by any negligence on the part of the second defendant. Accordingly, the first defendant, London United Busways Limited, remained liable for the claimant's injuries pursuant to its undertaking.

Court Disposition

Second defendant not liable; first defendant remains liable for claimant's injuries.

Orders

  • Claim against second defendant dismissed.
  • First defendant to meet claimant's claim in full as previously undertaken.