Bright v Bourn

Bright v Bourn

The Claimant failed to keep a proper lookout once he reached the centre line, constituting contributory negligence. However, the Defendant, as an inexperienced driver, failed to take appropriate action and was primarily responsible. The Claimant's responsibility is assessed at 15%.

Parties
Claimant: Mr Robert Bright; Litigation Friend and Deputy: Mr Simon Scott; Defendant: Mr Jack Bourn
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Personal Injury / Preliminary Issue Hearing on Contributory Negligence
Outcome
Contributory negligence found; Claimant's responsibility assessed at 15%.
Legal Topics
Contributory Negligence, Road Traffic Accident, Duty of Care, Apportionment of Liability
Tort Law Personal Injury Contributory Negligence Road Traffic Accident Duty of Care Apportionment of Liability

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Parties

Mr Robert Bright

Claimant

Mr Simon Scott

Litigation Friend and Deputy

Mr Jack Bourn

Defendant

Procedural Posture

Personal Injury / Preliminary Issue Hearing on Contributory Negligence

Legal Issues

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

Ratio Decidendi

The Claimant failed to keep a proper lookout once he reached the centre line, constituting contributory negligence. However, the Defendant, as an inexperienced driver, failed to take appropriate action and was primarily responsible. The Claimant's responsibility is assessed at 15%.

Court Disposition

Contributory negligence found; Claimant's responsibility assessed at 15%.

Orders

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