Lenord v First Manchester Ltd

Lenord v First Manchester Ltd

The Recorder's evaluative findings that the bus driver breached his duty of care by failing to keep a proper lookout and that this breach caused the Respondent's injuries were available on the evidence, logical, consistent, and took into account all material factors. There was no error justifying appellate interference.

Parties
Claimant: Brian Lenord; Defendant: First Manchester Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2020
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Appellate Review, Causation, Breach of Duty
Tort Law Personal Injury Negligence Contributory Negligence Appellate Review Causation Breach of Duty

Case Brief

Summary, issues, holding and outcome

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Parties

Brian Lenord

Claimant

First Manchester Limited

Defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder was wrong to find the bus driver breached his duty of care in failing to see the Respondent before walking out in front of the bus
  2. 2 Whether the Recorder was wrong to find that the Respondent had proved the breach of duty caused his injuries

Ratio Decidendi

The Recorder's evaluative findings that the bus driver breached his duty of care by failing to keep a proper lookout and that this breach caused the Respondent's injuries were available on the evidence, logical, consistent, and took into account all material factors. There was no error justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Recorder's order stands.