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 excessive speed (35mph in a 30mph zone) and failure to anticipate the cyclist entering the road. However, the Claimant was contributorily negligent by riding into the road from the pavement at an angle, creating an emergency situation. The failure to wear a helmet did not materially contribute to the injuries. Damages are reduced by one-third for contributory negligence; Defendant is liable for two-thirds.

Citation
[2011] EWHC 363
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 a reduction for contributory negligence.
Legal Topics
Road Traffic Accidents, Contributory Negligence, Damages, Cyclist Safety, Standard of Care
Tort Law Personal Injury Road Traffic Accidents Contributory Negligence Damages Cyclist Safety Standard of Care

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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 liable for the accident and resulting injuries
  2. 2 Whether the Claimant was contributorily negligent by riding into the road and/or failing to wear a helmet
  3. 3 Assessment of damages and apportionment of liability

Ratio Decidendi

The Defendant was primarily liable for the accident due to excessive speed (35mph in a 30mph zone) and failure to anticipate the cyclist entering the road. However, the Claimant was contributorily negligent by riding into the road from the pavement at an angle, creating an emergency situation. The failure to wear a helmet did not materially contribute to the injuries. Damages are reduced by one-third for contributory negligence; Defendant is liable for two-thirds.

Court Disposition

Judgment for the Claimant with a reduction for contributory negligence.

Orders

  • Defendant to pay two-thirds of the Claimant's damages, reduced by one-third for contributory negligence.