Sparrow v Andre [2016] EWHC 739 (QB) (06 April 2016)

Sparrow v Andre [2016] EWHC 739 (QB) (06 April 2016)

The Defendant was negligent in failing to keep a proper lookout and reversing into the Claimant's car, which set off a chain of events leading to the Claimant's injury. The Claimant's failure to secure his vehicle constituted contributory negligence but did not break the chain of causation. The Defendant is liable, subject to a 60% reduction for contributory negligence.

Citation
[2016] EWHC 739
Parties
Claimant: Craig Sparrow; Defendant: Arnaud Andre
Jurisdiction
England and Wales
Judgment Date
06 April 2016
Procedural Posture
Personal Injury Claim / Trial of Preliminary Issues (breach of Duty and Causation)
Outcome
Judgment for the Claimant, subject to reduction for contributory negligence.
Legal Topics
Negligence, Causation, Contributory Negligence, Novus Actus Interveniens, Remoteness of Damage
Tort Law Personal Injury Negligence Causation Contributory Negligence Novus Actus Interveniens Remoteness of Damage

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Parties

Craig Sparrow

Claimant

Arnaud Andre

Defendant

Procedural Posture

Personal Injury Claim / Trial of Preliminary Issues (breach of Duty and Causation)

Legal Issues

  1. 1 Whether the Defendant was negligent in causing the collision
  2. 2 Whether the Defendant's negligence caused the Claimant's injuries
  3. 3 Whether the Claimant's actions constituted contributory negligence or a novus actus interveniens

Ratio Decidendi

The Defendant was negligent in failing to keep a proper lookout and reversing into the Claimant's car, which set off a chain of events leading to the Claimant's injury. The Claimant's failure to secure his vehicle constituted contributory negligence but did not break the chain of causation. The Defendant is liable, subject to a 60% reduction for contributory negligence.

Court Disposition

Judgment for the Claimant, subject to reduction for contributory negligence.

Orders

  • Defendant found liable for Claimant's injuries, subject to a 60% reduction for contributory negligence.