Davies v Cullip

Davies v Cullip

The Recorder was entitled to accept the respondent's evidence that he remained on his side of the hatchings except to avoid the collision. The appellant was negligent in emerging onto the road without ensuring it was safe, and any minor deviation by the respondent into the hatched area was not causative. The appellant was wholly to blame.

Parties
Respondent/claimant: Owen Davies; Appellant/defendant: Daren Cullip
Jurisdiction
England and Wales
Judgment Date
10 December 2008
Procedural Posture
Civil Appeal / Appeal From County Court on Liability Only
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Highway Code, Liability in Road Traffic Accidents
Tort Law Personal Injury Road Traffic Law Negligence Contributory Negligence Highway Code Liability in Road Traffic Accidents

Case Brief

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Parties

Owen Davies

Respondent/claimant

Daren Cullip

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court on Liability Only

Legal Issues

  1. 1 Whether the Recorder erred in finding the appellant wholly liable for the accident
  2. 2 Whether the respondent was contributorily negligent by entering the hatched area in breach of Rule 109 of the Highway Code

Ratio Decidendi

The Recorder was entitled to accept the respondent's evidence that he remained on his side of the hatchings except to avoid the collision. The appellant was negligent in emerging onto the road without ensuring it was safe, and any minor deviation by the respondent into the hatched area was not causative. The appellant was wholly to blame.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Recorder's finding of full liability against the appellant stands.