Armsden v Kent Police

Armsden v Kent Police

Both PC Purse and Ms Cheesewright were negligent. PC Purse drove at an excessive speed without his siren, which contributed to the accident, but Ms Cheesewright failed to keep a proper lookout to the right before emerging onto the major road, which was the greater cause. Responsibility is apportioned 40% to the police and 60% to Ms Cheesewright.

Parties
Claimant/respondent: Alan Armsden (as Executor of the Estate of Rachael Cheesewright deceased); Defendant/appellant: Kent Police
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Civil Appeal / Appeal From Trial Court on Liability
Outcome
Appeal allowed; liability apportioned 40% to Appellant (Kent Police) and 60% to Ms Cheesewright.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Emergency Services Liability
Tort Law Civil Procedure Negligence Contributory Negligence Road Traffic Accidents Emergency Services Liability

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Parties

Alan Armsden (as Executor of the Estate of Rachael Cheesewright deceased)

Claimant/respondent

Kent Police

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Trial Court on Liability

Legal Issues

  1. 1 Whether PC Purse (police driver) was negligent in causing the accident
  2. 2 Whether the failure to use the siren was negligent
  3. 3 Whether Ms Cheesewright was contributorily negligent

Ratio Decidendi

Both PC Purse and Ms Cheesewright were negligent. PC Purse drove at an excessive speed without his siren, which contributed to the accident, but Ms Cheesewright failed to keep a proper lookout to the right before emerging onto the major road, which was the greater cause. Responsibility is apportioned 40% to the police and 60% to Ms Cheesewright.

Court Disposition

Appeal allowed; liability apportioned 40% to Appellant (Kent Police) and 60% to Ms Cheesewright.

Orders

  • Judgment for the Claimant with liability apportioned 40% to Kent Police and 60% to Ms Cheesewright.