Whittle v Bennett [2006] EWHC 116 (QB) (14 February 2006)

Whittle v Bennett [2006] EWHC 116 (QB) (14 February 2006)

The claimant's gross negligence in making a U-turn into the path of the defendant, without ensuring the road was clear, was the sole cause of the accident. The defendant's speed and following distance were not causative in the circumstances.

Citation
[2006] EWHC 116 (QB)
Parties
Claimant: John Whittle (a patient, by his Litigation Friend Deborah Heron); Defendant: James Bennett
Jurisdiction
England and Wales
Judgment Date
14 February 2006
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability Only
Outcome
Claim dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Causation
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Causation

Case Brief

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Parties

John Whittle (a patient, by his Litigation Friend Deborah Heron)

Claimant

James Bennett

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Liability Only

Legal Issues

  1. 1 Whether the defendant's driving was negligent and caused the accident
  2. 2 Whether the claimant's actions constituted gross negligence and were the sole cause of the accident
  3. 3 Apportionment of liability if both parties were negligent

Ratio Decidendi

The claimant's gross negligence in making a U-turn into the path of the defendant, without ensuring the road was clear, was the sole cause of the accident. The defendant's speed and following distance were not causative in the circumstances.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay the defendant's costs on the standard basis, subject to detailed assessment if not agreed