McIntosh v Harman [2018] EWHC 726 (QB) (06 April 2018)

The Defendant failed to pay proper attention and/or was travelling too fast to react appropriately to the stationary police vehicle, and should have identified the hazard in time to stop or steer around it. The Claimant was contributorily negligent for accidentally turning off her side lights, which contributed to the Defendant's misapprehension.

Citation: [2018] EWHC 726 (QB)
Parties: Claimant: Mrs Susan McIntosh; Defendant: Mr Barry Harman
Jurisdiction: England and Wales
Judgment Date: 06 April 2018
Procedural Posture: Personal Injury Road Traffic Accident / Liability Trial as Preliminary Issue Before a Master
Outcome: Judgment for the Claimant with 30% contributory negligence
Legal Topics: Negligence, Contributory Negligence, Road Traffic Accidents, Standard of Care, Police Liability

Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Standard of Care Police Liability

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Mrs Susan McIntosh

Claimant

Mr Barry Harman

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Liability Trial as Preliminary Issue Before a Master

Legal Issues

1 Whether the Defendant's negligent driving caused the accident
2 Whether the Claimant was contributorily negligent and to what extent

Ratio Decidendi

Court Disposition

Judgment for the Claimant with 30% contributory negligence

Orders

Liability apportioned: Defendant 70%, Claimant 30% contributory negligence
Consequential order and further directions to be agreed by counsel