Jones v Lawton

Jones v Lawton

Mr Lawton was primarily liable for failing to anticipate and check for a motorcycle passing along the outside of stationary traffic and for not taking adequate precautions before turning right. Mr Jones was contributorily negligent for riding at or about 30 mph, failing to keep a proper lookout, and not being alert to the possibility of emerging vehicles. Apportionment: two thirds liability to Mr Lawton, one third to Mr Jones.

Parties
Claimant: Philip Jones; Defendant: Michael John Lawton
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Civil / Judgment on Liability Only
Outcome
Judgment for the claimant on primary liability with a reduction for contributory negligence; judgment for one third of the counterclaim.
Legal Topics
Negligence, Contributory Negligence, Motorcycle Accidents, Highway Code, Apportionment of Liability
Tort Personal Injury Road Traffic Negligence Contributory Negligence Motorcycle Accidents Highway Code Apportionment of Liability

Case Brief

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Parties

Philip Jones

Claimant

Michael John Lawton

Defendant

Procedural Posture

Civil / Judgment on Liability Only

Legal Issues

  1. 1 Whether the defendant was negligent in emerging from a side road into the path of the claimant's motorcycle
  2. 2 Whether the claimant was contributorily negligent by riding at excessive speed and failing to keep a proper lookout
  3. 3 Apportionment of liability between the parties

Ratio Decidendi

Mr Lawton was primarily liable for failing to anticipate and check for a motorcycle passing along the outside of stationary traffic and for not taking adequate precautions before turning right. Mr Jones was contributorily negligent for riding at or about 30 mph, failing to keep a proper lookout, and not being alert to the possibility of emerging vehicles. Apportionment: two thirds liability to Mr Lawton, one third to Mr Jones.

Court Disposition

Judgment for the claimant on primary liability with a reduction for contributory negligence; judgment for one third of the counterclaim.

Orders

  • Claimant to recover two thirds of his claim, damages to be assessed.
  • Defendant to recover one third of his counterclaim, damages to be assessed.