Phethean-Hubble v Coles

Phethean-Hubble v Coles

The defendant was found to have been driving at an unsafe speed in excess of what was reasonable in the circumstances, which constituted negligence. The claimant was contributorily negligent by entering the road in the path of the car, but the appropriate reduction for contributory negligence was 50%, not one third. Causation was established as it was more likely than not that the accident and/or the severity of injuries would have been avoided or reduced had the defendant been driving at a non-negligent speed.

Parties
Appellant/claimant: Tobias Phethean-Hubble; Respondent/defendant: Sam Coles
Jurisdiction
England and Wales
Judgment Date
21 March 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed save for adjustment to contributory negligence apportionment.
Legal Topics
Negligence, Contributory Negligence, Causation, Damages
Tort Law Personal Injury Negligence Contributory Negligence Causation Damages

Case Brief

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Parties

Tobias Phethean-Hubble

Appellant/claimant

Sam Coles

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in his speed and conduct
  2. 2 Whether the claimant was contributorily negligent and to what extent
  3. 3 Whether causation was established between the defendant's breach and the claimant's injuries

Ratio Decidendi

The defendant was found to have been driving at an unsafe speed in excess of what was reasonable in the circumstances, which constituted negligence. The claimant was contributorily negligent by entering the road in the path of the car, but the appropriate reduction for contributory negligence was 50%, not one third. Causation was established as it was more likely than not that the accident and/or the severity of injuries would have been avoided or reduced had the defendant been driving at a non-negligent speed.

Court Disposition

Appeal dismissed save for adjustment to contributory negligence apportionment.

Orders

  • Judgment for the claimant for damages to be assessed, subject to a 50% reduction for contributory negligence.