Dickens v Bearman

Dickens v Bearman

There was no evidence to support a finding of contributory negligence by the claimant; the defendant was wholly to blame for the accident and is liable for all consequences.

Parties
Claimant/appellant: John Dickens (by his mother and litigation friend Mrs Dickens); Defendant/respondent: John Bearman
Jurisdiction
England and Wales
Judgment Date
02 October 2003
Procedural Posture
Civil Appeal / Appeal From Apportionment of Liability in Running Down Action
Outcome
appeal allowed
Legal Topics
Apportionment of Liability, Negligence, Contributory Negligence
Tort Law Personal Injury Apportionment of Liability Negligence Contributory Negligence

Case Brief

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Parties

John Dickens (by his mother and litigation friend Mrs Dickens)

Claimant/appellant

John Bearman

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Apportionment of Liability in Running Down Action

Legal Issues

  1. 1 Whether the claimant was contributorily negligent for the accident
  2. 2 Whether the trial judge erred in apportioning liability equally between claimant and defendant

Ratio Decidendi

There was no evidence to support a finding of contributory negligence by the claimant; the defendant was wholly to blame for the accident and is liable for all consequences.

Court Disposition

appeal allowed

Orders

  • The judge's finding of contributory negligence against the claimant is reversed.
  • The defendant is held 100% liable for the accident.