Puffett (a minor) v Hayfield

Puffett (a minor) v Hayfield

The trial judge was entitled to find, on the balance of probabilities, that the appellant's excessive speed caused the accident, even without specifying a minimum safe speed or the precise point where the child entered the carriageway. The absence of such findings did not preclude a finding of causation based on the evidence as a whole.

Parties
Claimant/respondent: Adam Laurence Puffett (a minor, by his litigation friend Joyce Ann Puffett); Defendant/appellant: Sarah Hayfield
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Civil Appeal / Appeal From Judgment on Liability, Damages Assessment Deferred
Outcome
Appeal dismissed with costs to be assessed if not agreed
Legal Topics
Negligence, Causation, Road Traffic Accident, Standard of Care
Tort Law Personal Injury Negligence Causation Road Traffic Accident Standard of Care

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Parties

Adam Laurence Puffett (a minor, by his litigation friend Joyce Ann Puffett)

Claimant/respondent

Sarah Hayfield

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Judgment on Liability, Damages Assessment Deferred

Legal Issues

  1. 1 Whether the trial judge was entitled to find causation without specifying a minimum safe speed
  2. 2 Whether excessive speed by the defendant was causative of the accident

Ratio Decidendi

The trial judge was entitled to find, on the balance of probabilities, that the appellant's excessive speed caused the accident, even without specifying a minimum safe speed or the precise point where the child entered the carriageway. The absence of such findings did not preclude a finding of causation based on the evidence as a whole.

Court Disposition

Appeal dismissed with costs to be assessed if not agreed

Orders

  • Appeal dismissed
  • Costs to respondent, subject to detailed assessment if not agreed