Swan v Estate of Drew Docherty (Deceased) & Ors [2025] EWHC 2577 (KB) (10 October 2025)

Swan v Estate of Drew Docherty (Deceased) & Ors [2025] EWHC 2577 (KB) (10 October 2025)

The court found that the primary cause of the accident was Mr Docherty's failure to give way at the junction, and that Mr Heal (the Fourth Party's driver) was not driving at a speed or in a manner that amounted to actionable negligence. The evidence did not establish that Mr Heal's speed was excessive in the circumstances or that any breach of duty by him was causative of the collision. The ABS fault and prior drug use were not causative. Accordingly, the claim for contribution against the Fourth Party fails.

Citation
[2025] EWHC 2577 (KB)
Parties
Claimant: Mr Liam Swan (A Protected Party by his Mother and Litigation Friend, Joanne Swan); First Defendant: The Estate of Drew Docherty (Deceased); Second Defendant: First Central Underwriting Limited; Fourth Party: Glendinning Brothers
Jurisdiction
England and Wales
Judgment Date
10 October 2025
Procedural Posture
Civil Contribution Claim (road Traffic Accident) / High Court Trial Judgment on Fourth Party Liability for Contribution
Outcome
Claim for contribution dismissed
Legal Topics
Negligence, Vicarious Liability, Contribution Proceedings, Road Traffic Accidents, Causation, Quantum of Damages
Tort Law Insurance Law Civil Procedure Negligence Vicarious Liability Contribution Proceedings Road Traffic Accidents Causation +1 more

Case Brief

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Parties

Mr Liam Swan (A Protected Party by his Mother and Litigation Friend, Joanne Swan)

Claimant

The Estate of Drew Docherty (Deceased)

First Defendant

First Central Underwriting Limited

Second Defendant

Glendinning Brothers

Fourth Party

Procedural Posture

Civil Contribution Claim (road Traffic Accident) / High Court Trial Judgment on Fourth Party Liability for Contribution

Legal Issues

  1. 1 Whether the Fourth Party (Glendinning Brothers) is liable to contribute to the Second Defendant's liability to the Claimant for injuries sustained in a road traffic accident
  2. 2 Whether the driver employed by the Fourth Party was negligent and if so, whether such negligence was causative of the accident
  3. 3 Whether the speed and conduct of the Fourth Party's driver amounted to actionable negligence

Ratio Decidendi

The court found that the primary cause of the accident was Mr Docherty's failure to give way at the junction, and that Mr Heal (the Fourth Party's driver) was not driving at a speed or in a manner that amounted to actionable negligence. The evidence did not establish that Mr Heal's speed was excessive in the circumstances or that any breach of duty by him was causative of the collision. The ABS fault and prior drug use were not causative. Accordingly, the claim for contribution against the Fourth Party fails.

Court Disposition

Claim for contribution dismissed

Orders

  • The claim for contribution by the Second Defendant against the Fourth Party is dismissed.
  • No order for contribution is made against Glendinning Brothers.