Damian Thomas Sip v Adrian Marsh & Anor

Damian Thomas Sip v Adrian Marsh & Anor

Mr Marsh's decision to stop short of the give way lines was not negligent nor causative of the accident. He acted as a reasonably careful driver and had no reason to anticipate the grossly excessive speed of Mr Sip. The sole cause of the accident was Mr Sip's reckless speed, and no liability attaches to Mr Marsh.

Parties
Appellant/claimant: Damian Thomas Sip; Respondent/defendant: Adrian Marsh; Respondent/defendant: Gefion Finans A/S (in bankruptcy)
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Causation, Standard of Care, Contributory Negligence
Tort Personal Injury Road Traffic Negligence Duty of Care Causation Standard of Care Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Damian Thomas Sip

Appellant/claimant

Adrian Marsh

Respondent/defendant

Gefion Finans A/S (in bankruptcy)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Mr Marsh was negligent in positioning his van short of the give way lines
  2. 2 Whether such negligence, if any, was causative of the accident
  3. 3 Whether Mr Marsh owed a duty of care to Mr Sip in the circumstances

Ratio Decidendi

Mr Marsh's decision to stop short of the give way lines was not negligent nor causative of the accident. He acted as a reasonably careful driver and had no reason to anticipate the grossly excessive speed of Mr Sip. The sole cause of the accident was Mr Sip's reckless speed, and no liability attaches to Mr Marsh.

Court Disposition

Appeal dismissed