Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)

Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)

Mr Pykett maintained a steady course and speed consistent with road conditions and did not act negligently or contribute to the collision; any changes in speed were appropriate responses to the road, not deliberate attempts to obstruct Ms Clement. The claim for contribution fails as no negligence is established against Mr Pykett.

Citation
[2011] EWHC 2925 (QB)
Parties
Claimant: John Robert Pykett (As Administrator of the Estate of Graeme Pykett); Defendant: Ebony Clement; Defendant: NIG Insurance PLC; First Part 20 Defendant: Aviva; Part 20 Claimants' Advocate: Mr Gordon Exall; Part 20 Defendants' Advocate: Mr Michael Lemmy
Jurisdiction
England and Wales
Judgment Date
09 November 2011
Procedural Posture
Part 20 Claim for Contribution in Road Traffic Accident / Trial of Liability
Outcome
Claim against Part 20 Defendants dismissed.
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Road Traffic Accident, Highway Code Compliance
Tort Insurance Personal Injury Negligence Contributory Negligence Apportionment of Liability Road Traffic Accident Highway Code Compliance

Case Brief

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Parties

John Robert Pykett (As Administrator of the Estate of Graeme Pykett)

Claimant

Ebony Clement

Defendant

NIG Insurance PLC

Defendant

Aviva

First Part 20 Defendant

Mr Gordon Exall

Part 20 Claimants' Advocate

Mr Michael Lemmy

Part 20 Defendants' Advocate

Procedural Posture

Part 20 Claim for Contribution in Road Traffic Accident / Trial of Liability

Legal Issues

  1. 1 Did Mr Graeme Pykett drive erratically, by speeding up and/or slowing down, so as to prevent Ms Clement pulling back into her own lane?
  2. 2 Was Mr Pykett negligent and did his conduct cause or contribute to the collision?

Ratio Decidendi

Mr Pykett maintained a steady course and speed consistent with road conditions and did not act negligently or contribute to the collision; any changes in speed were appropriate responses to the road, not deliberate attempts to obstruct Ms Clement. The claim for contribution fails as no negligence is established against Mr Pykett.

Court Disposition

Claim against Part 20 Defendants dismissed.

Orders

  • Part 20 claim for contribution against the Estate of Graeme Pykett and Aviva is dismissed.