Elson v Stilgoe (Rev 1) [2017] EWCA Civ 193 (30 March 2017)

Elson v Stilgoe (Rev 1) [2017] EWCA Civ 193 (30 March 2017)

The claimant was the sole cause of the accident by veering into the defendant's path without justification; the defendant was driving properly and had no reasonable opportunity to avoid the collision.

Citation
[2017] EWCA Civ 193
Parties
Claimant/appellant: Adrian Elson; Defendant/respondent: Andrew Stilgoe
Jurisdiction
England and Wales
Judgment Date
30 March 2017
Procedural Posture
Appeal (civil) / Appeal From County Court Judgment on Liability Only Trial
Outcome
Appeal dismissed
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Duty of Care, Appellate Review of Fact
Tort Law Personal Injury Road Traffic Accident Negligence Contributory Negligence Duty of Care Appellate Review of Fact

Case Brief

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Parties

Adrian Elson

Claimant/appellant

Andrew Stilgoe

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From County Court Judgment on Liability Only Trial

Legal Issues

  1. 1 Whether the trial judge erred in finding the claimant solely responsible for the accident
  2. 2 Whether the defendant breached his duty of care to the claimant

Ratio Decidendi

The claimant was the sole cause of the accident by veering into the defendant's path without justification; the defendant was driving properly and had no reasonable opportunity to avoid the collision.

Court Disposition

Appeal dismissed

Orders

  • No liability found against the defendant
  • No order as to contributory negligence required