Rehill v Rider Holdings Ltd [2012] EWCA Civ 628 (16 May 2012)

Rehill v Rider Holdings Ltd [2012] EWCA Civ 628 (16 May 2012)

The bus driver's negligent failure to brake promptly was causative of the claimant's injuries, and the claimant's contributory negligence should be assessed at 50% rather than one-third, reflecting equal responsibility for the injuries sustained.

Citation
[2012] EWCA Civ 628
Parties
Claimant/respondent: Satnam Rehill; Defendant/appellant: Rider Holdings Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Personal Injury Appeal / Appeal From Bradford County Court on Liability and Contributory Negligence
Outcome
Appeal allowed in part
Legal Topics
Negligence, Contributory Negligence, Causation, Apportionment of Liability, Road Traffic Accident
Tort Personal Injury Negligence Contributory Negligence Causation Apportionment of Liability Road Traffic Accident

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Parties

Satnam Rehill

Claimant/respondent

Rider Holdings Limited

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From Bradford County Court on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the bus driver's negligence was causative of the claimant's injuries
  2. 2 Whether the Recorder's apportionment of contributory negligence was correct

Ratio Decidendi

The bus driver's negligent failure to brake promptly was causative of the claimant's injuries, and the claimant's contributory negligence should be assessed at 50% rather than one-third, reflecting equal responsibility for the injuries sustained.

Court Disposition

Appeal allowed in part

Orders

  • Recorder's order varied to substitute a finding of one half contributory negligence for one third