Woodham v JM Turner (t/a Turners of Great Barton) & Anor [2012] EWCA Civ 375 (20 February 2012)

Woodham v JM Turner (t/a Turners of Great Barton) & Anor [2012] EWCA Civ 375 (20 February 2012)

Both Miss Turner and Mr Woodham were equally at fault for the collision. Miss Turner emerged into the main road without a clear view, while Mr Woodham overtook stationary traffic at a speed that prevented him from stopping in time. The trial judge erred in attributing greater responsibility to Miss Turner without sufficient justification. The correct apportionment is 50% liability to each party.

Citation
[2012] EWCA Civ 375
Parties
Applicant/claimant: Woodham; Respondent/defendant: JM Turner t/a Turners of Great Barton and Peterborough City Council
Jurisdiction
England and Wales
Judgment Date
20 February 2012
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) on Apportionment of Liability
Outcome
Appeal allowed in part
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Road Traffic Accidents
Tort Law Personal Injury Negligence Contributory Negligence Apportionment of Liability Road Traffic Accidents

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Parties

Woodham

Applicant/claimant

JM Turner t/a Turners of Great Barton and Peterborough City Council

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) on Apportionment of Liability

Legal Issues

  1. 1 Whether the trial judge erred in apportioning 70% liability to Miss Turner and 30% to Mr Woodham for a road traffic collision
  2. 2 Whether the apportionment should be altered on appeal

Ratio Decidendi

Both Miss Turner and Mr Woodham were equally at fault for the collision. Miss Turner emerged into the main road without a clear view, while Mr Woodham overtook stationary traffic at a speed that prevented him from stopping in time. The trial judge erred in attributing greater responsibility to Miss Turner without sufficient justification. The correct apportionment is 50% liability to each party.

Court Disposition

Appeal allowed in part

Orders

  • Apportionment of liability amended to 50% for Miss Turner and 50% for Mr Woodham