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 the field onto the B3399 without adequately assessing the risk of oncoming traffic, knowing the road was used by motorcyclists and that visibility was limited. The Claimant was contributorily negligent by driving at excessive speed over a blind summit, a foreseeable hazard, and is apportioned two-thirds of the blame.

Citation
[2015] EWHC 1379 (QB)
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 Claim / Trial on Liability Only
Outcome
Liability apportioned: First Defendant liable for one-third, Claimant two-thirds contributorily negligent.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Liability Apportionment
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Liability Apportionment

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Warwick Buswell

Claimant

Robert Symes

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury Claim / 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 the field onto the B3399 without adequately assessing the risk of oncoming traffic, knowing the road was used by motorcyclists and that visibility was limited. The Claimant was contributorily negligent by driving at excessive speed over a blind summit, a foreseeable hazard, and is apportioned two-thirds of the blame.

Court Disposition

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

Orders

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