Whittle v Bennett

Whittle v Bennett

The claimant's gross negligence in making a U-turn into the path of the defendant, in circumstances where the defendant could not avoid a collision, was the sole cause of the accident. The defendant's speed and following distance were not causative.

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
Civil / Judgment on Liability
Outcome
claim dismissed
Legal Topics
Negligence, Causation, Contributory Negligence, Road Traffic Accidents
Tort Personal Injury Road Traffic Negligence Causation Contributory Negligence Road Traffic Accidents

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Parties

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

Claimant

James Bennett

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether the defendant's driving was negligent and a cause of the accident
  2. 2 Whether the claimant's actions constituted gross negligence
  3. 3 Apportionment of liability between claimant and defendant

Ratio Decidendi

The claimant's gross negligence in making a U-turn into the path of the defendant, in circumstances where the defendant could not avoid a collision, was the sole cause of the accident. The defendant's speed and following distance were not causative.

Court Disposition

claim dismissed

Orders

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