Breakspeare v Pawlowski
Permission to appeal is granted because the trial judge's findings regarding the defendant's failure to observe the claimant and the allocation of liability are debatable and not a foregone conclusion.
- Parties
- Claimant/appellant: Andrew Mark Breakspeare; Defendant/respondent: Scott Pawlowski
- Jurisdiction
- England and Wales
- Judgment Date
- 20 March 2006
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- permission to appeal granted
- Legal Topics
- Negligence, Contributory Negligence, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew Mark Breakspeare
Claimant/appellant
Scott Pawlowski
Defendant/respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether the trial judge erred in finding the defendant not liable for the accident
- 2 Whether the defendant was negligent in failing to observe the claimant
- 3 Whether contributory negligence by the claimant affected liability
Ratio Decidendi
Permission to appeal is granted because the trial judge's findings regarding the defendant's failure to observe the claimant and the allocation of liability are debatable and not a foregone conclusion.
Court Disposition
permission to appeal granted
Orders
- Permission to appeal granted
- Case referred to mediation
Full Case Text
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