MW (a child by his litigation friend DW) & Anor v Graham Wilkinson & Anor
The Defendant was not negligent; he was driving at or below the advisory speed limit, his view was obscured by parked cars, and M emerged suddenly from behind a vehicle, giving no opportunity to avoid the collision. There was no breach of duty and the accident was unavoidable in the circumstances.
- Parties
- Claimant: MW (a child by his litigation friend DW); Claimant: EW (a child by her litigation friend DW); Defendant: Mr Graham Wilkinson; Defendant: Royal and Sun Alliance Insurance Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 09 September 2025
- Procedural Posture
- Civil / Judgment After Trial on Liability
- Outcome
- Claim dismissed
- Legal Topics
- Road Traffic Accident, Negligence, Duty of Care, Causation, Standard of Care, Expert Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
MW (a child by his litigation friend DW)
Claimant
EW (a child by her litigation friend DW)
Claimant
Mr Graham Wilkinson
Defendant
Royal and Sun Alliance Insurance Limited
Defendant
Procedural Posture
Civil / Judgment After Trial on Liability
Legal Issues
- 1 Whether the Defendant drove negligently
- 2 Whether the Defendant could have avoided the collision or reduced its severity by driving non-negligently
Ratio Decidendi
The Defendant was not negligent; he was driving at or below the advisory speed limit, his view was obscured by parked cars, and M emerged suddenly from behind a vehicle, giving no opportunity to avoid the collision. There was no breach of duty and the accident was unavoidable in the circumstances.
Court Disposition
Claim dismissed
Full Case Text
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