Lakin v Lawrence & Anor

Lakin v Lawrence & Anor

The trial judge was entitled to find that the appellant's decision to continue overtaking, knowing the respondent's vehicle had edged over the white line, broke the chain of causation from any negligence by the respondent. The collision was caused entirely by the appellant's negligent overtaking manoeuvre, and there was no basis for apportioning liability.

Parties
Appellant: Guy William Trevor Lakin; 1st Respondent: Andrew Lawrence; 2nd Respondent: Equity Insurance Group Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Civil Appeal / Judgment on Appeal From Trial Court
Outcome
Appeal dismissed
Legal Topics
Negligence, Causation, Apportionment of Liability, Road Traffic Accidents
Tort Law Negligence Causation Apportionment of Liability Road Traffic Accidents

Case Brief

Summary, issues, holding and outcome

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Parties

Guy William Trevor Lakin

Appellant

Andrew Lawrence

1st Respondent

Equity Insurance Group Limited

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Trial Court

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant solely liable for the collision
  2. 2 Whether the respondent's negligence contributed to the accident and warranted apportionment of liability

Ratio Decidendi

The trial judge was entitled to find that the appellant's decision to continue overtaking, knowing the respondent's vehicle had edged over the white line, broke the chain of causation from any negligence by the respondent. The collision was caused entirely by the appellant's negligent overtaking manoeuvre, and there was no basis for apportioning liability.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; trial court's judgment stands