Craggy v Chief Constable of Cleveland Police

Craggy v Chief Constable of Cleveland Police

The Court of Appeal held that the trial judge erred in finding the police driver negligent. Given the circumstances—early morning, clear road, green light, and proper use of siren and lights—PC Price could not reasonably have foreseen another emergency vehicle entering the junction against a red light. The judge below imposed an unreasonably high standard of care. The accident was caused solely by the claimant's negligence in entering the junction at speed against a red light without adequate view.

Parties
Respondent/claimant: Craggy; Appellant/defendant: Chief Constable of Cleveland Police
Jurisdiction
England and Wales
Judgment Date
06 October 2009
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Negligence, Contributory Negligence, Emergency Vehicles, Standard of Care
Tort Law Road Traffic Law Negligence Contributory Negligence Emergency Vehicles Standard of Care

Case Brief

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Parties

Craggy

Respondent/claimant

Chief Constable of Cleveland Police

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the police driver (PC Price) was negligent in the circumstances of a collision at a junction while responding to an emergency call
  2. 2 Whether the trial judge was correct to apportion liability between the drivers of the police vehicle and fire brigade appliance

Ratio Decidendi

The Court of Appeal held that the trial judge erred in finding the police driver negligent. Given the circumstances—early morning, clear road, green light, and proper use of siren and lights—PC Price could not reasonably have foreseen another emergency vehicle entering the junction against a red light. The judge below imposed an unreasonably high standard of care. The accident was caused solely by the claimant's negligence in entering the junction at speed against a red light without adequate view.

Court Disposition

Appeal allowed

Orders

  • Judgment for the Chief Constable of Cleveland Police
  • District Judge's finding of negligence against the police driver set aside