Buswell v Symes & Anor [2015] EWHC 1379 (QB) (15 May 2015)

Buswell v Symes & Anor [2015] EWHC 1379 (QB) (15 May 2015)

The First Defendant was negligent in exiting onto the B3399 without sufficient care, knowing the risks, but the Claimant was two-thirds to blame for driving too fast over a blind summit, failing to anticipate foreseeable hazards.

Citation
[2015] EWHC 1379
Parties
Claimant: Warwick Buswell; First Defendant: Robert Symes; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability Only
Outcome
Liability apportioned: First Defendant liable, Claimant two-thirds contributorily negligent.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Duty of Care
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Duty of Care

Case Brief

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Parties

Warwick Buswell

Claimant

Robert Symes

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Liability Only

Legal Issues

  1. 1 Whether the First Defendant was negligent in the manner of exiting the field onto the B3399
  2. 2 Whether the Claimant was contributorily negligent and to what extent

Ratio Decidendi

The First Defendant was negligent in exiting onto the B3399 without sufficient care, knowing the risks, but the Claimant was two-thirds to blame for driving too fast over a blind summit, failing to anticipate foreseeable hazards.

Court Disposition

Liability apportioned: First Defendant liable, Claimant two-thirds contributorily negligent.

Orders

  • Judgment for the Claimant on liability, subject to a two-thirds reduction for contributory negligence.