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 while aware of a serious handling problem, creating a foreseeable 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 (QB)
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
Both defendants found liable in negligence; liability apportioned 40% to Ms King and 60% to Mr McGarvey.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Apportionment of Liability
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Apportionment of Liability

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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 while aware of a serious handling problem, creating a foreseeable 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

Both defendants found liable in negligence; liability apportioned 40% to Ms King and 60% to Mr McGarvey.

Orders

  • Ms King and Mr McGarvey are both liable for the claimant's injuries, with liability apportioned 40% to Ms King and 60% to Mr McGarvey.
  • Interim payment of £50,000 to the claimant approved.