Buswell v Symes & Anor

Buswell v Symes & Anor

The First Defendant was negligent in exiting onto the B3399 without sufficient regard for the risk posed to road users, particularly given his knowledge of the area and the likelihood of fast-moving motorcycles. However, the Claimant was driving much too fast for the circumstances and was two-thirds to blame for the collision.

Parties
Claimant: Warwick Buswell; First Defendant: Robert Symes; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Civil / Trial on Liability Only
Outcome
Liability apportioned: First Defendant liable for one-third, Claimant two-thirds contributorily negligent.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Warwick Buswell

Claimant

Robert Symes

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Civil / Trial on Liability Only

Legal Issues

  1. 1 Whether the First Defendant was negligent in the manner of exiting the field onto the B3399 road
  2. 2 Whether the Claimant was contributorily negligent and to what extent

Ratio Decidendi

The First Defendant was negligent in exiting onto the B3399 without sufficient regard for the risk posed to road users, particularly given his knowledge of the area and the likelihood of fast-moving motorcycles. However, the Claimant was driving much too fast for the circumstances and was two-thirds to blame for the collision.

Court Disposition

Liability apportioned: First Defendant liable for one-third, Claimant two-thirds contributorily negligent.