Chan v Peters & Anor [2021] EWHC 2004 (QB) (16 July 2021)

Chan v Peters & Anor [2021] EWHC 2004 (QB) (16 July 2021)

The Defendant was not negligent as the Claimant was obscured by a parked vehicle and only became visible a fraction of a second before the collision, giving the Defendant insufficient time to react. The Defendant was driving within the speed limit and in accordance with the standard of a reasonably competent driver. The accident was not avoidable by the Defendant in the circumstances.

Citation
[2021] EWHC 2004
Parties
Claimant: Mr Toby Oliver Chan; First Defendant: Ms Paula Peters; Second Defendant: Advantage Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2021
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability
Outcome
Claim dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Standard of Care, Causation
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Standard of Care Causation

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Parties

Mr Toby Oliver Chan

Claimant

Ms Paula Peters

First Defendant

Advantage Insurance Company Limited

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Liability

Legal Issues

  1. 1 Whether the accident was caused by the Defendant's negligence
  2. 2 Whether damages should be reduced for contributory negligence by the Claimant
  3. 3 If so, by how much should damages be reduced

Ratio Decidendi

The Defendant was not negligent as the Claimant was obscured by a parked vehicle and only became visible a fraction of a second before the collision, giving the Defendant insufficient time to react. The Defendant was driving within the speed limit and in accordance with the standard of a reasonably competent driver. The accident was not avoidable by the Defendant in the circumstances.

Court Disposition

Claim dismissed