Whitehead v Bruce & Ors [2013] EWCA Civ 229 (21 March 2013)

Whitehead v Bruce & Ors [2013] EWCA Civ 229 (21 March 2013)

All three defendants were negligent and causally liable for the claimant's injuries. The trial judge's apportionment of liability was erroneous regarding the Second Defendant's degree of culpability. Liability should be apportioned as: First Defendant 35%, Second Defendant 35%, Third Defendant 30%.

Citation
[2013] EWCA Civ 229
Parties
Claimant: Mrs Melanie Whitehead (a protected party proceeding by her litigation friend, Amy English); Appellant/first Defendant: Mr Steven Bruce; Second Defendant/cross Appellant: Sylvia Craig; Third Defendant: Mr Carl Baxter
Jurisdiction
England and Wales
Judgment Date
21 March 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal and cross-appeal on liability dismissed; appeal on apportionment allowed.
Legal Topics
Road Traffic Accident, Apportionment of Liability, Causation, Duty of Care
Tort Personal Injury Negligence Road Traffic Accident Apportionment of Liability Causation Duty of Care

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Parties

Mrs Melanie Whitehead (a protected party proceeding by her litigation friend, Amy English)

Claimant

Mr Steven Bruce

Appellant/first Defendant

Sylvia Craig

Second Defendant/cross Appellant

Mr Carl Baxter

Third Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether each defendant was negligent and causally liable for claimant's injuries
  2. 2 Proper apportionment of liability among defendants

Ratio Decidendi

All three defendants were negligent and causally liable for the claimant's injuries. The trial judge's apportionment of liability was erroneous regarding the Second Defendant's degree of culpability. Liability should be apportioned as: First Defendant 35%, Second Defendant 35%, Third Defendant 30%.

Court Disposition

Appeal and cross-appeal on liability dismissed; appeal on apportionment allowed.

Orders

  • Liability apportioned as: First Defendant 35%, Second Defendant 35%, Third Defendant 30%.