Eagling & Anor v T D G Linkman Ltd [2001] EWCA Civ 930 (15 June 2001)

Eagling & Anor v T D G Linkman Ltd [2001] EWCA Civ 930 (15 June 2001)

The judge was entitled to find, on the evidence, that the defendant's driver was still returning to his side of the road when the collision occurred and that the presence of the jogger contributed to the accident. The findings of fact were not plainly wrong and there was no realistic prospect of success on appeal.

Citation
[2001] EWCA Civ 930
Parties
1st Claimant/respondent: Deborah Helen Eagling; 2nd Claimant: Peter Eagling; Defendant/applicant: T D G Linkman Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Vicarious Liability, Negligence, Road Traffic Accident, Apportionment of Liability
Tort Personal Injury Vicarious Liability Negligence Road Traffic Accident Apportionment of Liability

Case Brief

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Parties

Deborah Helen Eagling

1st Claimant/respondent

Peter Eagling

2nd Claimant

T D G Linkman Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the defendant vicariously liable for 75% of the accident
  2. 2 Whether the claimant was correctly found 25% to blame for the accident
  3. 3 Whether the presence of the jogger was causally relevant to the accident

Ratio Decidendi

The judge was entitled to find, on the evidence, that the defendant's driver was still returning to his side of the road when the collision occurred and that the presence of the jogger contributed to the accident. The findings of fact were not plainly wrong and there was no realistic prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application dismissed