McGowan v Davis & Anor [2001] EWCA Civ 520 (26 March 2001)

McGowan v Davis & Anor [2001] EWCA Civ 520 (26 March 2001)

The trial judge's finding that the defendant exercised reasonable care in the circumstances is a factual conclusion with which the appellate court will not interfere absent clear error; there was no duty on the defendant to look behind, and no evidence that further vigilance would have avoided the accident.

Citation
[2001] EWCA Civ 520
Parties
Claimant: Steven Paul McGowan (a patient by the Official Solicitor of the Supreme Court, his Litigation Friend); Defendant / Part 20 Claimant: Isobel Davis; Second Part 20 Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
26 March 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Road Traffic Accident, Negligence, Standard of Care, Appeal Procedure
Tort Law Personal Injury Road Traffic Accident Negligence Standard of Care Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Steven Paul McGowan (a patient by the Official Solicitor of the Supreme Court, his Litigation Friend)

Claimant

Isobel Davis

Defendant / Part 20 Claimant

Motor Insurers Bureau

Second Part 20 Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the defendant exercised reasonable care in executing a turning manoeuvre across a main road resulting in a collision with the claimant's motorcycle
  2. 2 Whether the trial judge erred in finding the defendant not liable for the accident

Ratio Decidendi

The trial judge's finding that the defendant exercised reasonable care in the circumstances is a factual conclusion with which the appellate court will not interfere absent clear error; there was no duty on the defendant to look behind, and no evidence that further vigilance would have avoided the accident.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Detailed public funded costs assessment