Devereux v Hayward & Anor

Devereux v Hayward & Anor

The accident was caused by the Defendant's negligent failure to keep control of his motorbike, due in part to excessive speed as he approached the horses. The Claimant's horse was startled by the combination of the loud noise and speed, leading to the collision and the Claimant's injuries. The Claimant was not contributorily negligent.

Parties
Claimant: Michaela Devereux; 1st Defendant: Peter Hayward; 2nd Defendant: Equity Claims Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2011
Procedural Posture
Civil / Trial on Liability Only
Outcome
Judgment for the Claimant; damages to be assessed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Liability Assessment
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident Liability Assessment

Case Brief

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Parties

Michaela Devereux

Claimant

Peter Hayward

1st Defendant

Equity Claims Limited

2nd Defendant

Procedural Posture

Civil / Trial on Liability Only

Legal Issues

  1. 1 Whether the accident was caused by the negligence of the Defendant
  2. 2 Whether the Claimant was contributorily negligent

Ratio Decidendi

The accident was caused by the Defendant's negligent failure to keep control of his motorbike, due in part to excessive speed as he approached the horses. The Claimant's horse was startled by the combination of the loud noise and speed, leading to the collision and the Claimant's injuries. The Claimant was not contributorily negligent.

Court Disposition

Judgment for the Claimant; damages to be assessed

Orders

  • Judgment for the Claimant
  • Damages to be assessed