Elson v Stilgoe (Rev 1)

Elson v Stilgoe (Rev 1)

The claimant was the sole cause of the accident, having veered onto the defendant's side of the road without good reason and without sufficient time for the defendant to react. The defendant was driving properly and was not at fault.

Parties
Claimant/appellant: Adrian Elson; Defendant/respondent: Andrew Stilgoe
Jurisdiction
England and Wales
Judgment Date
30 March 2017
Procedural Posture
Civil Appeal / Appeal From Trial Judgment (liability Only)
Outcome
Appeal dismissed
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Appellate Review, Findings of Fact
Tort Law Personal Injury Road Traffic Accident Negligence Contributory Negligence Appellate Review Findings of Fact

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Parties

Adrian Elson

Claimant/appellant

Andrew Stilgoe

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment (liability Only)

Legal Issues

  1. 1 Whether the trial judge erred in finding the claimant solely responsible for the accident
  2. 2 Whether the defendant failed in his duty of care to keep a proper lookout and avoid the claimant

Ratio Decidendi

The claimant was the sole cause of the accident, having veered onto the defendant's side of the road without good reason and without sufficient time for the defendant to react. The defendant was driving properly and was not at fault.

Court Disposition

Appeal dismissed