Sam v Atkins

On the facts, the defendant was not in breach of duty to the claimant as the accident was unavoidable; the claimant's own actions were the sole cause of her injuries.

Parties: Claimant/appellant: Roda Sam (previously known as Rawdah Al-Sam); Defendant/respondent: Pascale Atkins
Jurisdiction: England and Wales
Judgment Date: 09 November 2005
Procedural Posture: Civil Appeal / Appeal From Luton County Court Judgment
Outcome: Appeal dismissed
Legal Topics: Negligence, Causation, Contributory Negligence, Road Traffic Accident

Tort Law Negligence Causation Contributory Negligence Road Traffic Accident

Case Brief

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Parties

Roda Sam (previously known as Rawdah Al-Sam)

Claimant/appellant

Pascale Atkins

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Luton County Court Judgment

Legal Issues

1 Whether the defendant's negligence caused the claimant's injuries
2 Whether the defendant owed a duty of care to avoid the specific injury suffered
3 Whether the claimant was contributorily negligent

Ratio Decidendi

On the facts, the defendant was not in breach of duty to the claimant as the accident was unavoidable; the claimant's own actions were the sole cause of her injuries.

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs of appeal assessed at £7,000 to respondents