Hamilton v O'Kane & Anor

Hamilton v O'Kane & Anor

The trial judge erred in apportioning 80% liability to the first defendant and 20% to the second defendant. Both parties were equally blameworthy and causative in the accident: the first defendant swerved unnecessarily into the path of the emerging vehicle, and the second defendant failed to keep a proper lookout before emerging. The proper apportionment is 50% to each defendant.

Parties
Appellant/claimant: Anne Marie Hamilton; First Respondent/first Defendant: Myles O’Kane; Second Respondent/second Defendant: Sharon Perry
Jurisdiction
England and Wales
Judgment Date
04 June 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Apportionment of Liability
Outcome
Appeal allowed
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Road Traffic Accident
Tort Law Personal Injury Negligence Contributory Negligence Apportionment of Liability Road Traffic Accident

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Parties

Anne Marie Hamilton

Appellant/claimant

Myles O’Kane

First Respondent/first Defendant

Sharon Perry

Second Respondent/second Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Apportionment of Liability

Legal Issues

  1. 1 Whether the trial judge erred in apportioning liability for a road traffic accident between the defendants
  2. 2 Whether findings of fact regarding the conduct of the parties were justified
  3. 3 Whether the judge properly considered the causative potency of speed and alcohol

Ratio Decidendi

The trial judge erred in apportioning 80% liability to the first defendant and 20% to the second defendant. Both parties were equally blameworthy and causative in the accident: the first defendant swerved unnecessarily into the path of the emerging vehicle, and the second defendant failed to keep a proper lookout before emerging. The proper apportionment is 50% to each defendant.

Court Disposition

Appeal allowed

Orders

  • Liability for the accident apportioned equally: 50% to the first defendant, 50% to the second defendant.