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 anticipate and check for the presence of a motorcycle when turning right through stationary traffic, but the claimant was contributorily negligent by riding at excessive speed and failing to keep a proper lookout. Apportionment is two thirds liability to the...

Source-derived case information.

Citation
[2013] EWHC 4108 (QB)
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; damages to be assessed. One third of the counterclaim allowed, damages to be assessed.
Legal Topics
Contributory Negligence, Motorcycle Accidents, Highway Code, Apportionment of Liability
Tort Law Personal Injury Contributory Negligence Motorcycle Accidents Highway Code Apportionment of Liability

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Summary, issues, holding and outcome

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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 liable for the collision and resulting injuries to the claimant
  2. 2 Whether the claimant was contributorily negligent and to what extent

Ratio Decidendi

The defendant was primarily liable for failing to anticipate and check for the presence of a motorcycle when turning right through stationary traffic, but the claimant was contributorily negligent by riding at excessive speed and failing to keep a proper lookout. Apportionment is two thirds liability to the defendant and one third to the claimant.

Court Disposition

Judgment for the claimant with a reduction for contributory negligence; damages to be assessed. One third of the counterclaim allowed, damages to be assessed.

Orders

  • Judgment for two thirds of the claim in favour of the claimant, damages to be assessed.
  • Judgment for one third of the counterclaim in favour of the defendant, damages to be assessed.