Deller v King & Anor [2021] EWHC 3398 (QB) (17 December 2021)

Deller v King & Anor [2021] EWHC 3398 (QB) (17 December 2021)

Ms King was negligent in executing a sharp turn onto the hard shoulder at 40-50 mph in a vehicle with a known handling problem, creating a risk of harm. Mr McGarvey was negligent in attempting to pass a vehicle he knew to be out of control and in failing to stop when it became apparent the Audi was re-entering the carriageway. Both were liable, with contributory negligence apportioned at 60% to Mr McGarvey.

Citation
[2021] EWHC 3398
Parties
Claimant: Arthur Deller (a child by his father and litigation friend Craig Deller); First Defendant: Ms Deborah King; Second Defendant: Guy McGarvey
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Personal Injury Road Traffic Accident / Trial of Liability and Contributory Negligence
Outcome
Liability apportioned between defendants; interim payment approved.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Arthur Deller (a child by his father and litigation friend Craig Deller)

Claimant

Ms Deborah King

First Defendant

Guy McGarvey

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial of Liability and Contributory Negligence

Legal Issues

  1. 1 Whether Ms King was negligent in her driving leading to the accident
  2. 2 Whether Mr McGarvey was negligent in his response to the out-of-control vehicle
  3. 3 Apportionment of liability between the defendants

Ratio Decidendi

Ms King was negligent in executing a sharp turn onto the hard shoulder at 40-50 mph in a vehicle with a known handling problem, creating a risk of harm. Mr McGarvey was negligent in attempting to pass a vehicle he knew to be out of control and in failing to stop when it became apparent the Audi was re-entering the carriageway. Both were liable, with contributory negligence apportioned at 60% to Mr McGarvey.

Court Disposition

Liability apportioned between defendants; interim payment approved.

Orders

  • Ms King found negligent for sharp turn onto hard shoulder.
  • Mr McGarvey found negligent for attempting to pass and failing to stop for out-of-control vehicle.