Phethean- Hubble v Coles

Phethean- Hubble v Coles

Primary liability rests with the defendant due to excessive speed in a residential area, but the claimant contributed to the accident by misjudging the speed of the vehicle and entering the road from the pavement. Damages are reduced by one-third for contributory negligence; failure to wear a helmet did not materially affect injury outcome.

Parties
Claimant: Mr Tobias Phethean-Hubble; Litigation Friend: Shani Phethean-Hubble; Defendant: Mr Sam Coles
Jurisdiction
England and Wales
Judgment Date
24 February 2011
Procedural Posture
Personal Injury / Judgment
Outcome
Liability apportioned two-thirds to defendant, one-third to claimant for contributory negligence.
Legal Topics
Road Traffic Accident, Contributory Negligence, Damages, Liability, Cycle Helmet Use
Tort Personal Injury Road Traffic Accident Contributory Negligence Damages Liability Cycle Helmet Use

Case Brief

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Parties

Mr Tobias Phethean-Hubble

Claimant

Shani Phethean-Hubble

Litigation Friend

Mr Sam Coles

Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the defendant was liable for the accident and injuries sustained by the claimant
  2. 2 Whether the claimant was contributorily negligent by riding into the road and failing to wear a cycle helmet
  3. 3 Assessment of damages and apportionment of liability

Ratio Decidendi

Primary liability rests with the defendant due to excessive speed in a residential area, but the claimant contributed to the accident by misjudging the speed of the vehicle and entering the road from the pavement. Damages are reduced by one-third for contributory negligence; failure to wear a helmet did not materially affect injury outcome.

Court Disposition

Liability apportioned two-thirds to defendant, one-third to claimant for contributory negligence.

Orders

  • Damages recoverable by the claimant to be reduced by one-third.
  • Defendant liable for two-thirds of damages.