FLR (A child by her mother and litigation friend MLR) v Dr Shanthi Chandran

FLR (A child by her mother and litigation friend MLR) v Dr Shanthi Chandran

The defendant drove at an excessive, unsafe and unreasonable speed (28 mph) in the prevailing conditions (dark, rainy, near bus stops and a pedestrian crossing with children present), failed to make any or any material adjustment to her speed or attention, and did not pay sufficient attention to hazards or other road users. This conduct fell below the standard of a reasonable and competent driver and was in breach of her duty of care. Had the defendant driven at the reasonable speed of 20 mph, the collision would likely not have occurred. The claimant was also negligent in stepping into the road when the traffic light was green for vehicles. The just and equitable apportionment of...

Parties
Claimant: FLR (A child by her mother and litigation friend MLR); Defendant: Dr Shanthi Chandran
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Personal Injury Road Traffic Collision / Liability Only Trial; Judgment
Outcome
Judgment for the claimant on liability; damages to be assessed on a 60/40 apportionment (defendant/claimant)
Legal Topics
Negligence, Duty of Care, Breach of Duty, Causation, Contributory Negligence, Highway Code, Apportionment of Liability
Tort Law Personal Injury Road Traffic Law Negligence Duty of Care Breach of Duty Causation Contributory Negligence +2 more

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Parties

FLR (A child by her mother and litigation friend MLR)

Claimant

Dr Shanthi Chandran

Defendant

Procedural Posture

Personal Injury Road Traffic Collision / Liability Only Trial; Judgment

Legal Issues

  1. 1 What was the reasonable speed for the prevailing conditions and road situation?
  2. 2 Was the defendant driving in excess of the reasonable speed and/or otherwise in breach of duty of care?
  3. 3 If the defendant were driving at the reasonable speed, would the collision and injury have occurred?

Ratio Decidendi

The defendant drove at an excessive, unsafe and unreasonable speed (28 mph) in the prevailing conditions (dark, rainy, near bus stops and a pedestrian crossing with children present), failed to make any or any material adjustment to her speed or attention, and did not pay sufficient attention to hazards or other road users. This conduct fell below the standard of a reasonable and competent driver and was in breach of her duty of care. Had the defendant driven at the reasonable speed of 20 mph, the collision would likely not have occurred. The claimant was also negligent in stepping into the road when the traffic light was green for vehicles. The just and equitable apportionment of...

Court Disposition

Judgment for the claimant on liability; damages to be assessed on a 60/40 apportionment (defendant/claimant)

Orders

  • Judgment for the claimant on the claim with damages to be assessed, if not agreed, on the basis of 60% liability to the defendant and 40% to the claimant.