Sip v Marsh & Anor [2025] EWHC 3302 (KB) (19 December 2025)

Sip v Marsh & Anor [2025] EWHC 3302 (KB) (19 December 2025)

The first defendant was not negligent in stopping short of the give way lines or in the manner of executing the turn. There was no breach of duty or causative link between his actions and the accident. The sole cause of the accident was the claimant's grossly excessive speed, which was unforeseeable. No liability attaches to the first defendant.

Citation
[2025] EWHC 3302 (KB)
Parties
Appellant/claimant: Damian Thomas Sip; First Respondent/defendant: Adrian Marsh; Second Respondent/defendant: Gefion Finans A/S (in bankruptcy)
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Appeal / Judgment on Appeal Against Dismissal of Claim at First Instance
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Causation, Standard of Care, Contributory Negligence
Tort Personal Injury Road Traffic Negligence Duty of Care Causation Standard of Care Contributory Negligence

Case Brief

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Parties

Damian Thomas Sip

Appellant/claimant

Adrian Marsh

First Respondent/defendant

Gefion Finans A/S (in bankruptcy)

Second Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Dismissal of Claim at First Instance

Legal Issues

  1. 1 Whether the first defendant was negligent in the manner of exiting the side road
  2. 2 Whether the positioning of the van short of the give way lines was negligent and causative of the accident
  3. 3 Whether the claimant's excessive speed was the sole cause of the accident

Ratio Decidendi

The first defendant was not negligent in stopping short of the give way lines or in the manner of executing the turn. There was no breach of duty or causative link between his actions and the accident. The sole cause of the accident was the claimant's grossly excessive speed, which was unforeseeable. No liability attaches to the first defendant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no liability found against the first defendant; original dismissal of claim upheld