Farley v Buckley

Farley v Buckley

On the unique facts, the appellant's reckless overtaking at maximum speed in hazardous conditions was the sole cause of the collision. The respondent's continuous, slow emergence from the minor road did not amount to negligence. The trial judge's findings were permissible and supported by the evidence.

Parties
Appellant: Farley; Respondent: Buckley
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents
Tort Law Road Traffic Law Negligence Contributory Negligence Road Traffic Accidents

Case Brief

Summary, issues, holding and outcome

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Parties

Farley

Appellant

Buckley

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant solely negligent for the collision
  2. 2 Whether the respondent was negligent in emerging from a minor road without 'nose-poking'

Ratio Decidendi

On the unique facts, the appellant's reckless overtaking at maximum speed in hazardous conditions was the sole cause of the collision. The respondent's continuous, slow emergence from the minor road did not amount to negligence. The trial judge's findings were permissible and supported by the evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; trial judgment affirmed.