Judd v Hemingway

The criticisms of the trial judge's findings regarding the defendant's duty of care and the assessment of contributory negligence are arguable and there is a real prospect of success on appeal.

Parties: Claimant/appellant: Judd; Defendant/respondent: Hemingway
Jurisdiction: England and Wales
Judgment Date: 26 July 2006
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: Application for permission to appeal granted
Legal Topics: Road Traffic Accident, Negligence, Contributory Negligence

Tort Law Personal Injury Road Traffic Accident Negligence 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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Judd

Claimant/appellant

Hemingway

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the trial judge erred in assessing the duty of care owed by the defendant during a right turn across oncoming traffic
2 Whether the duty of care is a continuing duty during the manoeuvre
3 Whether the judge failed to consider relevant facts regarding visibility and timing

Ratio Decidendi

The criticisms of the trial judge's findings regarding the defendant's duty of care and the assessment of contributory negligence are arguable and there is a real prospect of success on appeal.

Court Disposition

Application for permission to appeal granted

Orders

Permission to appeal granted