Laws v Williams & Anor [2018] EWHC 1871 (QB) (18 July 2018)

Laws v Williams & Anor [2018] EWHC 1871 (QB) (18 July 2018)

The defendant was not negligent; her decision to slow or stop was reasonable in the circumstances as entering the main road would have caused other traffic to brake, which would have been unsafe. Her actions were those of a reasonably competent driver and in accordance with good practice. The claimant failed to keep a safe distance and did not look ahead before accelerating, contributing to the accident.

Citation
[2018] EWHC 1871
Parties
Claimant: Andrew Laws; First Defendant: Frances Williams; Second Defendant: Aviva Insurance Limited
Jurisdiction
England and Wales
Judgment Date
18 July 2018
Procedural Posture
Personal Injury Claim / Trial of Preliminary Issues (negligence and Contributory Negligence)
Outcome
Judgment for the defendant
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Standard of Care, Highway Code
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident Standard of Care Highway Code

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Parties

Andrew Laws

Claimant

Frances Williams

First Defendant

Aviva Insurance Limited

Second Defendant

Procedural Posture

Personal Injury Claim / Trial of Preliminary Issues (negligence and Contributory Negligence)

Legal Issues

  1. 1 Whether the first defendant was negligent in slowing or stopping her car on the slip road
  2. 2 If so, whether and to what extent the claimant contributed to the accident

Ratio Decidendi

The defendant was not negligent; her decision to slow or stop was reasonable in the circumstances as entering the main road would have caused other traffic to brake, which would have been unsafe. Her actions were those of a reasonably competent driver and in accordance with good practice. The claimant failed to keep a safe distance and did not look ahead before accelerating, contributing to the accident.

Court Disposition

Judgment for the defendant