Bright v Bourn [2018] EWHC 1948 (QB) (27 July 2018)

Bright v Bourn [2018] EWHC 1948 (QB) (27 July 2018)

The Claimant was contributorily negligent to the extent of 15% for failing to keep a proper lookout while crossing the road, but the Defendant bore the greater responsibility due to negligent driving and failure to take appropriate action to avoid the collision.

Citation
[2018] EWHC 1948
Parties
Claimant: Mr Robert Bright; Litigation Friend/deputy for Claimant: Mr Simon Scott; Defendant: Mr Jack Bourn
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Personal Injury Road Traffic Accident / Preliminary Issue Hearing on Contributory Negligence
Outcome
Judgment for the Claimant with a 15% reduction for contributory negligence.
Legal Topics
Contributory Negligence, Pedestrian Road Traffic Accident, Apportionment of Liability
Tort Law Personal Injury Contributory Negligence Pedestrian Road Traffic Accident Apportionment of Liability

Case Brief

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Parties

Mr Robert Bright

Claimant

Mr Simon Scott

Litigation Friend/deputy for Claimant

Mr Jack Bourn

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Preliminary Issue Hearing on Contributory Negligence

Legal Issues

  1. 1 Whether the Claimant was contributorily negligent in the circumstances of the road traffic accident
  2. 2 Apportionment of liability between Claimant and Defendant

Ratio Decidendi

The Claimant was contributorily negligent to the extent of 15% for failing to keep a proper lookout while crossing the road, but the Defendant bore the greater responsibility due to negligent driving and failure to take appropriate action to avoid the collision.

Court Disposition

Judgment for the Claimant with a 15% reduction for contributory negligence.

Orders

  • Claimant's damages to be reduced by 15% for contributory negligence.