Rehman v Brady, The Estate of & Anor [2012] EWHC 78 (QB) (25 January 2012)

Rehman v Brady, The Estate of & Anor [2012] EWHC 78 (QB) (25 January 2012)

Mr Brady was driving at a speed (28-32 mph) significantly above the reasonable and legal limit (20 mph, with 15 mph being appropriate for the conditions). Had he driven at a reasonable speed, the accident would have been avoided. The claimant, a 7-year-old child, was not contributorily negligent as she crossed when beckoned by her mother and could not be expected to exercise the judgment of an adult.

Citation
[2012] EWHC 78
Parties
Claimant: Anisa Rehman (by her litigation friend Rabnawaz Rehman); First Defendant: The Estate of John George Brady (Deceased); Second Defendant: Tradewise Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Negligence Personal Injury (road Traffic Accident) / Trial on Liability Only
Outcome
Claim allowed. Judgment for the claimant on liability. No contributory negligence found.
Legal Topics
Negligence, Road Traffic Accidents, Contributory Negligence, Standard of Care, Child Claimants
Tort Law Personal Injury Negligence Road Traffic Accidents Contributory Negligence Standard of Care Child Claimants

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 Amounts and remedies 3
Sign in to unlock

Parties

Anisa Rehman (by her litigation friend Rabnawaz Rehman)

Claimant

The Estate of John George Brady (Deceased)

First Defendant

Tradewise Insurance Company Limited

Second Defendant

Procedural Posture

Negligence Personal Injury (road Traffic Accident) / Trial on Liability Only

Legal Issues

  1. 1 Was the accident caused by the negligence of Mr Brady?
  2. 2 Was the claimant guilty of contributory negligence?

Ratio Decidendi

Mr Brady was driving at a speed (28-32 mph) significantly above the reasonable and legal limit (20 mph, with 15 mph being appropriate for the conditions). Had he driven at a reasonable speed, the accident would have been avoided. The claimant, a 7-year-old child, was not contributorily negligent as she crossed when beckoned by her mother and could not be expected to exercise the judgment of an adult.

Court Disposition

Claim allowed. Judgment for the claimant on liability. No contributory negligence found.

Orders

  • Claimant succeeds on liability for negligence against the defendants.
  • Claim of contributory negligence against the claimant is rejected.