Mohmed v Barnes & Anor [2019] EWHC 87 (QB) (24 January 2019)

Mohmed v Barnes & Anor [2019] EWHC 87 (QB) (24 January 2019)

The defendant's actions did not fall below the standard of a reasonable driver in a threatening and rapidly developing situation; he acted reasonably in attempting to escape perceived danger, and is not liable in negligence.

Citation
[2019] EWHC 87 (QB)
Parties
Claimant: Suhail Mohmed; First Defendant: Elliot Barnes; Second Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Negligence Claim (personal Injury) / Trial of Preliminary Issues (liability and Contributory Negligence)
Outcome
Claim dismissed; defendant not liable in negligence.
Legal Topics
Negligence, Personal Injury, Self Defence, Necessity, Hearsay Evidence, Standard of Care
Tort Law Negligence Personal Injury Self Defence Necessity Hearsay Evidence Standard of Care

Case Brief

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Parties

Suhail Mohmed

Claimant

Elliot Barnes

First Defendant

EUI Limited

Second Defendant

Procedural Posture

Negligence Claim (personal Injury) / Trial of Preliminary Issues (liability and Contributory Negligence)

Legal Issues

  1. 1 Whether the defendant was negligent in colliding with the claimant
  2. 2 Whether the defences of self-defence or necessity apply
  3. 3 Whether the claimant contributed to his own injury (contributory negligence)

Ratio Decidendi

The defendant's actions did not fall below the standard of a reasonable driver in a threatening and rapidly developing situation; he acted reasonably in attempting to escape perceived danger, and is not liable in negligence.

Court Disposition

Claim dismissed; defendant not liable in negligence.