Devereux v Hayward & Anor [2011] EWHC 2780 (QB) (28 October 2011)

Devereux v Hayward & Anor [2011] EWHC 2780 (QB) (28 October 2011)

The accident was caused by the defendant's negligent failure to keep control of his motorbike, due in part to excessive speed as he approached the horses, resulting in a collision that startled the claimant's horse and caused her to be thrown. The claimant was not contributorily negligent.

Citation
[2011] EWHC 2780 (QB)
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
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Liability Equestrian Accidents

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 1 Party arguments 2
Sign in to unlock

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. 1 Whether the defendant was negligent in causing the accident
  2. 2 Whether the claimant was contributorily negligent

Ratio Decidendi

The accident was caused by the defendant's negligent failure to keep control of his motorbike, due in part to excessive speed as he approached the horses, resulting in a collision that startled the claimant's horse and caused her to be thrown. The claimant was not contributorily negligent.

Court Disposition

Judgment for the claimant; damages to be assessed.

Orders

  • Defendant found liable for negligence.
  • No contributory negligence by the claimant.