Rehman v Brady, The Estate of & Anor

Rehman v Brady, The Estate of & Anor

The defendant driver was negligent in driving at a speed (28-32 mph) well above the reasonable speed for the hazardous conditions (no more than 15 mph) and above the 20 mph speed limit. Had the Range Rover been driven at a reasonable speed, the accident would have been avoided. There is no basis for a finding of contributory negligence against a 7-year-old child who crossed the road when beckoned by her mother.

Parties
Claimant: Anisa Rehman (proceeding by her litigation friend Rabnawz Rehman); First Defendant: The Estate of John George Brady (Deceased); Second Defendant: Tradewise Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Civil Negligence (personal Injury) / Trial on Liability Only
Outcome
Claim allowed on liability; claim of contributory negligence rejected
Legal Topics
Negligence, Road Traffic Accident, Contributory Negligence, Standard of Care, Causation
Tort Law Personal Injury Negligence Road Traffic Accident Contributory Negligence Standard of Care Causation

Case Brief

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Parties

Anisa Rehman (proceeding by her litigation friend Rabnawz Rehman)

Claimant

The Estate of John George Brady (Deceased)

First Defendant

Tradewise Insurance Company Limited

Second Defendant

Procedural Posture

Civil Negligence (personal Injury) / Trial on Liability Only

Legal Issues

  1. 1 Whether the defendant driver was negligent in causing the accident
  2. 2 Whether the claimant was guilty of contributory negligence
  3. 3 Whether the accident would have been avoided had the defendant driven at a reasonable speed

Ratio Decidendi

The defendant driver was negligent in driving at a speed (28-32 mph) well above the reasonable speed for the hazardous conditions (no more than 15 mph) and above the 20 mph speed limit. Had the Range Rover been driven at a reasonable speed, the accident would have been avoided. There is no basis for a finding of contributory negligence against a 7-year-old child who crossed the road when beckoned by her mother.

Court Disposition

Claim allowed on liability; claim of contributory negligence rejected

Orders

  • Claimant succeeds in her action for negligence
  • No finding of contributory negligence against the claimant