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 hazardous 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 (QB)
Parties
Claimant: Anisa Rehman (by her litigation friend Rabnawz 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
Judgment for the Claimant on liability; contributory negligence rejected.
Legal Topics
Negligence, Road Traffic Accidents, Contributory Negligence, Standard of Care, Child Claimant
Tort Law Personal Injury Negligence Road Traffic Accidents Contributory Negligence Standard of Care Child Claimant

Case Brief

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Parties

Anisa Rehman (by her litigation friend Rabnawz 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 Whether Mr Brady was negligent in driving the Range Rover
  2. 2 Whether Mr Brady's negligence caused the accident
  3. 3 Whether the Claimant was 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 hazardous 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

Judgment for the Claimant on liability; contributory negligence rejected.

Orders

  • Claimant succeeds in her action for negligence against the Defendants.
  • No finding of contributory negligence against the Claimant.