Rehill v Rider Holdings Ltd
The bus driver's failure to brake promptly was causative of the claimant's injuries, but the claimant's action in stepping into the road against a red light when the bus was close was equally blameworthy. Responsibility for the injuries should be apportioned equally between the parties.
- Parties
- Claimant/respondent: Satnam Rehill; Defendant/appellant: Rider Holdings Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 16 May 2012
- Procedural Posture
- Civil Appeal Personal Injury / Appeal From Trial Court Judgment on Liability and Contributory Negligence
- Outcome
- Appeal allowed in part
- Legal Topics
- Negligence, Contributory Negligence, Causation, Apportionment of Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Satnam Rehill
Claimant/respondent
Rider Holdings Limited
Defendant/appellant
Procedural Posture
Civil Appeal Personal Injury / Appeal From Trial Court Judgment on Liability and Contributory Negligence
Legal Issues
- 1 Whether the bus driver's negligent failure to brake promptly was causative of the claimant's injuries
- 2 Whether the Recorder's apportionment of one-third contributory negligence to the claimant was correct
Ratio Decidendi
The bus driver's failure to brake promptly was causative of the claimant's injuries, but the claimant's action in stepping into the road against a red light when the bus was close was equally blameworthy. Responsibility for the injuries should be apportioned equally between the parties.
Court Disposition
Appeal allowed in part
Orders
- Recorder’s order varied to substitute a finding of one half contributory negligence for one third contributory negligence
Full Case Text
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