Lindesay v Lamb & Anor

Lindesay v Lamb & Anor

There is an arguable case with a real prospect of success on appeal that the taxi's negligence in failing to brake in time was causatively relevant to the accident between the lorry and the scooter, and the judge erred in finding otherwise without adequate reasoning.

Parties
Claimant: Lindesay; Appellant/defendant: Lamb; Respondent/defendant (taxi Driver): Tatner
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Negligence, Contributory Negligence, Causation, Appeal Procedure
Tort Law Civil Procedure Negligence Contributory Negligence Causation Appeal Procedure

Case Brief

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Parties

Lindesay

Claimant

Lamb

Appellant/defendant

Tatner

Respondent/defendant (taxi Driver)

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the taxi's admitted negligence was causatively relevant to the accident between the lorry and the scooter
  2. 2 Whether the judge erred in finding the taxi's negligence irrelevant to the causation of the accident between lorry and scooter

Ratio Decidendi

There is an arguable case with a real prospect of success on appeal that the taxi's negligence in failing to brake in time was causatively relevant to the accident between the lorry and the scooter, and the judge erred in finding otherwise without adequate reasoning.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted to Mr Lamb in respect of his Part 20 claim against Mr Tatner.