Arnot v Sprake & Anor [2001] EWCA Civ 341 (22 February 2001)

Arnot v Sprake & Anor [2001] EWCA Civ 341 (22 February 2001)

The accident was caused solely by the claimant's excessive speed in approaching a blind bend, not by any negligence of the defendants; the road and vehicle were not so unusual as to require exceptional precautions, and the alleged failures (warnings, alternative route) were not negligent or causative.

Citation
[2001] EWCA Civ 341
Parties
Claimant: Lindsey Galbraith Arnot; First Defendant: Andrew William Sprake; Second Defendant: Peter Batchelor
Jurisdiction
England and Wales
Judgment Date
22 February 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed; claim dismissed
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Causation, Standard of Care
Tort Personal Injury Road Traffic Negligence Contributory Negligence Duty of Care Causation Standard of Care

Case Brief

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Parties

Lindsey Galbraith Arnot

Claimant

Andrew William Sprake

First Defendant

Peter Batchelor

Second Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendants were negligent in causing the accident
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Whether the trial judge erred in finding negligence against the defendants and rejecting contributory negligence

Ratio Decidendi

The accident was caused solely by the claimant's excessive speed in approaching a blind bend, not by any negligence of the defendants; the road and vehicle were not so unusual as to require exceptional precautions, and the alleged failures (warnings, alternative route) were not negligent or causative.

Court Disposition

appeal allowed; claim dismissed

Orders

  • judgment for claimant set aside
  • claim dismissed