Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)

Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)

Mr Pykett maintained a steady course and speed consistent with the changing road conditions and did not act negligently or contribute to the accident; all responsibility for the accident lay with Ms Clement, whose dangerous overtaking caused the collision.

Citation
[2011] EWHC 2925
Parties
Claimant: John Robert Pykett (As Administrator of the Estate of Graeme Pykett); Defendant / Part 20 Claimant: Ebony Clement; Defendant / Part 20 Claimant: NIG Insurance PLC; Part 20 Defendant: Aviva
Jurisdiction
England and Wales
Judgment Date
09 November 2011
Procedural Posture
Part 20 Claim (contribution Proceedings) in Personal Injury / Road Traffic Accident / Trial of Liability in Part 20 Proceedings
Outcome
Part 20 claim against the Estate of Mr Pykett and Aviva dismissed.
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Highway Code Compliance
Tort Law Personal Injury Road Traffic Law Negligence Contributory Negligence Apportionment of Liability Highway Code Compliance

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Parties

John Robert Pykett (As Administrator of the Estate of Graeme Pykett)

Claimant

Ebony Clement

Defendant / Part 20 Claimant

NIG Insurance PLC

Defendant / Part 20 Claimant

Aviva

Part 20 Defendant

Procedural Posture

Part 20 Claim (contribution Proceedings) in Personal Injury / Road Traffic Accident / Trial of Liability in Part 20 Proceedings

Legal Issues

  1. 1 Whether Mr Graeme Pykett drove erratically (by speeding up and/or slowing down) so as to prevent Ms Clement from pulling back into her own lane, thereby contributing to the accident.

Ratio Decidendi

Mr Pykett maintained a steady course and speed consistent with the changing road conditions and did not act negligently or contribute to the accident; all responsibility for the accident lay with Ms Clement, whose dangerous overtaking caused the collision.

Court Disposition

Part 20 claim against the Estate of Mr Pykett and Aviva dismissed.

Orders

  • Part 20 claim dismissed.