Beggs v Jenkins

Beggs v Jenkins

The appellant's excessive speed of 27 miles per hour, as opposed to a safe speed of 15 to 20 miles per hour, was negligent and causative of the collision. The trial judge's factual findings regarding the manner in which Ms Slater and the respondent entered the road were rational and supported by evidence, and the collision would not have occurred but for the appellant's negligence.

Parties
Appellant: Beggs; Respondent: Jenkins
Jurisdiction
England and Wales
Judgment Date
18 July 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Negligence, Causation, Road Traffic Accident
Tort Negligence Causation Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Beggs

Appellant

Jenkins

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was negligent in causing the collision
  2. 2 Whether the negligence was causative of the collision

Ratio Decidendi

The appellant's excessive speed of 27 miles per hour, as opposed to a safe speed of 15 to 20 miles per hour, was negligent and causative of the collision. The trial judge's factual findings regarding the manner in which Ms Slater and the respondent entered the road were rational and supported by evidence, and the collision would not have occurred but for the appellant's negligence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of negligence and causation upheld.