Sparrow v Andre

Sparrow v Andre

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 Claimant's own negligence in failing to secure his car was a material cause, warranting a reduction in damages for contributory negligence.

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
Liability established against Defendant, subject to reduction for contributory negligence.
Legal Topics
Negligence, Causation, Contributory Negligence, Novus Actus Interveniens, Personal Injury
Tort Law Negligence Causation Contributory Negligence Novus Actus Interveniens Personal Injury

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 in causing the collision
  2. 2 Whether the Defendant's breach of duty caused the Claimant's injuries
  3. 3 Whether the chain of causation was broken by a novus actus interveniens

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 Claimant's own negligence in failing to secure his car was a material cause, warranting a reduction in damages for contributory negligence.

Court Disposition

Liability established against Defendant, subject to reduction for contributory negligence.

Orders

  • Defendant held liable for Claimant's injuries and consequential loss, subject to a 60% reduction for contributory negligence.