Rehill v Rider Holdings Ltd

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

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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

  1. 1 Whether the bus driver's negligent failure to brake promptly was causative of the claimant's injuries
  2. 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