Grealis v Opuni

Grealis v Opuni

Although breach of the speed limit is not negligence per se, in the circumstances, the respondent's failure to comply with the speed limit at a junction where right-turning vehicles were present was negligent and contributed to the accident. However, the appellant bore the greater responsibility for cutting the corner and failing to keep a proper lookout, warranting an 80/20 apportionment of liability.

Parties
Appellant: Grealis; Respondent: Opuni
Jurisdiction
England and Wales
Judgment Date
28 January 2003
Procedural Posture
Civil Appeal / Appeal From High Court (central London County Court)
Outcome
appeal allowed in part
Legal Topics
Negligence, Contributory Negligence, Breach of Statutory Duty, Road Traffic Accidents
Tort Law Road Traffic Law Negligence Contributory Negligence Breach of Statutory Duty Road Traffic Accidents

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Parties

Grealis

Appellant

Opuni

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (central London County Court)

Legal Issues

  1. 1 Whether exceeding the speed limit constitutes negligence per se
  2. 2 Whether the respondent's speed was a cause of the accident
  3. 3 Apportionment of liability between the parties

Ratio Decidendi

Although breach of the speed limit is not negligence per se, in the circumstances, the respondent's failure to comply with the speed limit at a junction where right-turning vehicles were present was negligent and contributed to the accident. However, the appellant bore the greater responsibility for cutting the corner and failing to keep a proper lookout, warranting an 80/20 apportionment of liability.

Court Disposition

appeal allowed in part

Orders

  • Liability apportioned: 80% against claimant, 20% against defendant
  • Costs in Court of Appeal and hearing before His Honour Judge Cooke to be subject to detailed assessment