Jones v Lawton [2013] EWHC 4108 (QB) (20 December 2013)

Jones v Lawton [2013] EWHC 4108 (QB) (20 December 2013)

The defendant was primarily liable for failing to take proper precautions when turning right across slow-moving traffic and not being alert to the possibility of a motorcycle approaching, but the claimant was contributorily negligent for riding at excessive speed and failing to keep a proper lookout. Liability is...

Source-derived case information.

Citation
[2013] EWHC 4108
Parties
Claimant: Mr Philip Jones; Defendant: Mr Michael John Lawton
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Liability Only
Outcome
Judgment for the claimant with a reduction for contributory negligence; judgment for the defendant on one third of the counterclaim.
Legal Topics
Contributory Negligence, Road Traffic Accidents, Apportionment of Liability
Tort Law Personal Injury Contributory Negligence Road Traffic Accidents Apportionment of Liability

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Parties

Mr Philip Jones

Claimant

Mr Michael John Lawton

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial 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

The defendant was primarily liable for failing to take proper precautions when turning right across slow-moving traffic and not being alert to the possibility of a motorcycle approaching, but the claimant was contributorily negligent for riding at excessive speed and failing to keep a proper lookout. Liability is apportioned two-thirds to the claimant and one-third to the defendant.

Court Disposition

Judgment for the claimant with a reduction for contributory negligence; judgment for the defendant on 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.