Devereux v Hayward & Anor [2011] EWHC 2780 (QB) (28 October 2011)
The defendant was negligent in failing to keep control of his motorcycle, due in part to excessive speed as he approached the horses, resulting in a collision with the claimant's horse and causing the claimant's injuries. The claimant was not contributorily negligent.
- Citation
- [2011] EWHC 2780
- Parties
- Claimant: Michaela Devereux; 1st Defendant: Peter Hayward; 2nd Defendant: Equity Claims Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 28 October 2011
- Procedural Posture
- Personal Injury Negligence / Trial on Liability Only
- Outcome
- Judgment for the claimant; damages to be assessed.
- Legal Topics
- Negligence, Contributory Negligence, Road Traffic Accident, Liability, Equestrian Accidents
Case Brief
Summary, issues, holding and outcome
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Parties
Michaela Devereux
Claimant
Peter Hayward
1st Defendant
Equity Claims Limited
2nd Defendant
Procedural Posture
Personal Injury Negligence / Trial on Liability Only
Legal Issues
- 1 Whether the defendant was negligent in the operation of his motorcycle causing injury to the claimant
- 2 Whether the claimant was contributorily negligent in the circumstances of the accident
Ratio Decidendi
The defendant was negligent in failing to keep control of his motorcycle, due in part to excessive speed as he approached the horses, resulting in a collision with the claimant's horse and causing the claimant's injuries. The claimant was not contributorily negligent.
Court Disposition
Judgment for the claimant; damages to be assessed.
Orders
- Defendant found liable for the accident.
- No finding of contributory negligence against the claimant.
Full Case Text
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