Irwin v Stevenson [2002] EWCA Civ 359 (22 February 2002)

Irwin v Stevenson [2002] EWCA Civ 359 (22 February 2002)

The defendant, having indicated and slowed appropriately, was not negligent for failing to anticipate or observe the claimant's motorcycle during a brief period when it emerged from behind another vehicle to overtake; the overwhelming cause of the accident was the claimant's dangerous overtaking manoeuvre.

Citation
[2002] EWCA Civ 359
Parties
Respondent/claimant: Gary Anthony Irwin; Appellant/defendant: Christopher Stevenson
Jurisdiction
England and Wales
Judgment Date
22 February 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence
Tort Personal Injury Road Traffic Accident Negligence Contributory Negligence

Case Brief

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Parties

Gary Anthony Irwin

Respondent/claimant

Christopher Stevenson

Appellant/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the defendant negligent in failing to observe the claimant's motorcycle before turning?
  2. 2 Was the claimant contributorily negligent in attempting a double overtaking manoeuvre?
  3. 3 Should liability be apportioned between the parties?

Ratio Decidendi

The defendant, having indicated and slowed appropriately, was not negligent for failing to anticipate or observe the claimant's motorcycle during a brief period when it emerged from behind another vehicle to overtake; the overwhelming cause of the accident was the claimant's dangerous overtaking manoeuvre.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs here and below
  • Detailed assessment of costs