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

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

The Defendant was in breach of duty by failing to keep a proper look-out and reversing into the Claimant's car, causing the chain of events leading to the Claimant's injury. The Defendant's breach was the effective cause of the injury, and the Claimant's subsequent actions did not break the chain of causation but amounted to contributory negligence, warranting a 60% reduction in damages.

Citation
[2016] EWHC 739 (QB)
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, Personal Injury, Causation, Contributory Negligence, Novus Actus Interveniens
Tort Law Negligence Personal Injury Causation Contributory Negligence Novus Actus Interveniens

Case Brief

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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 and in breach of duty in causing the collision
  2. 2 Whether the Defendant's breach of duty caused the Claimant's injuries
  3. 3 Whether the Claimant's actions constituted a novus actus interveniens breaking the chain of causation

Ratio Decidendi

The Defendant was in breach of duty by failing to keep a proper look-out and reversing into the Claimant's car, causing the chain of events leading to the Claimant's injury. The Defendant's breach was the effective cause of the injury, and the Claimant's subsequent actions did not break the chain of causation but amounted to contributory negligence, warranting a 60% reduction in damages.

Court Disposition

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

Orders

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