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

The defendant's actions did not fall below the standard of the reasonable driver in a threatening and rapidly developing situation; he is not liable in negligence.

Citation: [2019] EWHC 87
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 / Trial of Preliminary Issues (liability and Contributory Negligence)
Outcome: Claim dismissed
Legal Topics: Negligence, Self Defence, Necessity, Contributory Negligence, Hearsay Evidence

Tort Law Personal Injury Negligence Self Defence Necessity Contributory Negligence Hearsay Evidence

Case Brief

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Parties

Suhail Mohmed

Claimant

Elliot Barnes

First Defendant

EUI Limited

Second Defendant

Procedural Posture

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

Legal Issues

1 Whether the defendant was negligent in colliding with the claimant
2 Whether the defendant can rely on self-defence or necessity to avoid liability
3 Whether the claimant or others contributed to the incident

Ratio Decidendi

The defendant's actions did not fall below the standard of the reasonable driver in a threatening and rapidly developing situation; he is not liable in negligence.

Court Disposition

Claim dismissed