Phethean- Hubble v Coles [2011] EWHC 363 (QB) (24 February 2011)

Phethean- Hubble v Coles [2011] EWHC 363 (QB) (24 February 2011)

The defendant was primarily liable for the accident due to driving at an excessive speed (35mph in a 30mph zone) and failing to afford a sufficient margin of safety to the cyclist. The claimant was contributorily negligent by entering the road from the pavement at an angle, creating an emergency situation, but the failure to wear a helmet did not materially contribute to the injuries. Damages are to be reduced by one-third for contributory negligence.

Citation
[2011] EWHC 363 (QB)
Parties
Claimant: Mr Tobias Phethean-Hubble (a protected party suing by his mother and litigation friend Shani Phethean-Hubble); Defendant: Mr Sam Coles
Jurisdiction
England and Wales
Judgment Date
24 February 2011
Procedural Posture
Personal Injury Claim (road Traffic Accident) / High Court Trial, Judgment
Outcome
Judgment for the claimant, with damages reduced by one-third for contributory negligence.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Damages, Cyclist Safety, Speeding
Tort Law Personal Injury Road Traffic Accident Negligence Contributory Negligence Damages Cyclist Safety Speeding

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Parties

Mr Tobias Phethean-Hubble (a protected party suing by his mother and litigation friend Shani Phethean-Hubble)

Claimant

Mr Sam Coles

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / High Court Trial, Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in causing the accident
  2. 2 Whether the claimant was contributorily negligent by entering the road and/or not wearing a helmet
  3. 3 Assessment of causation and apportionment of liability

Ratio Decidendi

The defendant was primarily liable for the accident due to driving at an excessive speed (35mph in a 30mph zone) and failing to afford a sufficient margin of safety to the cyclist. The claimant was contributorily negligent by entering the road from the pavement at an angle, creating an emergency situation, but the failure to wear a helmet did not materially contribute to the injuries. Damages are to be reduced by one-third for contributory negligence.

Court Disposition

Judgment for the claimant, with damages reduced by one-third for contributory negligence.

Orders

  • Defendant found liable for two-thirds of the claimant's damages.
  • Claimant's damages to be reduced by one-third for contributory negligence.