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; she acted as a reasonably competent driver in judging it unsafe to merge onto the main carriageway and slowing or stopping was justified. The claimant failed to keep a safe distance and accelerated before checking ahead, contributing to the accident.

Citation
[2018] EWHC 1871 (QB)
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 / Trial of Preliminary Issues (negligence and Contributory Negligence)
Outcome
Judgment for the defendant
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Personal Injury
Tort Law Negligence Contributory Negligence Road Traffic Accident Personal Injury

Case Brief

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Parties

Andrew Laws

Claimant

Frances Williams

First Defendant

Aviva Insurance Limited

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Was the first defendant negligent in slowing or stopping her car on the slip road?
  2. 2 If so, did the claimant contribute to the accident by his own negligence, and to what extent?

Ratio Decidendi

The defendant was not negligent; she acted as a reasonably competent driver in judging it unsafe to merge onto the main carriageway and slowing or stopping was justified. The claimant failed to keep a safe distance and accelerated before checking ahead, contributing to the accident.

Court Disposition

Judgment for the defendant

Orders

  • No liability for the defendants; claimant's claim dismissed.