Gray v Botwright [2014] EWCA Civ 1201 (09 July 2014)

Gray v Botwright [2014] EWCA Civ 1201 (09 July 2014)

Both claimant and defendant were negligent. The defendant's breach in crossing the red light and failing to slow down was causative of the accident, as the junction was a single staggered junction and the defendant should not have been present at the moment of impact. The claimant's failure to check for oncoming...

Source-derived case information.

Citation
[2014] EWCA Civ 1201
Parties
Appellant: Emil Gray; Respondent: Michael Botwright
Jurisdiction
England and Wales
Judgment Date
09 July 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal on liability allowed; appeal on quantum dismissed
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Causation
Tort Personal Injury Road Traffic Accident Negligence Contributory Negligence Causation

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Parties

Emil Gray

Appellant

Michael Botwright

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant's breach of duty in crossing a red traffic light was causative of the accident
  2. 2 Whether the 'coincidence of location' fallacy applies
  3. 3 Apportionment of liability between claimant and defendant

Ratio Decidendi

Both claimant and defendant were negligent. The defendant's breach in crossing the red light and failing to slow down was causative of the accident, as the junction was a single staggered junction and the defendant should not have been present at the moment of impact. The claimant's failure to check for oncoming traffic was also a substantial cause. Liability is apportioned 50/50.

Court Disposition

Appeal on liability allowed; appeal on quantum dismissed

Orders

  • Liability apportioned 50/50 between claimant and defendant
  • Award of damages substituted in the sum of £2,378.84 plus appropriate interest