Rickson v Bhakar [2017] EWHC 264 (QB) (20 February 2017)

Rickson v Bhakar [2017] EWHC 264 (QB) (20 February 2017)

The claimant, an experienced cyclist, had a clear opportunity to observe the defendant's van and react by braking or decelerating, which would have avoided the collision. His failure to do so, despite having time and space, constituted contributory negligence, though his culpability was much less than the defendant's.

Citation
[2017] EWHC 264
Parties
Claimant: Robert Mathew Rickson; Defendant: Nirour Bhakar
Jurisdiction
England and Wales
Judgment Date
20 February 2017
Procedural Posture
Personal Injury / Trial Judgment on Contributory Negligence
Outcome
Finding of 20% contributory negligence against the claimant
Legal Topics
Contributory Negligence, Road Traffic Accident, Personal Injury, Cyclist Liability
Tort Law Contributory Negligence Road Traffic Accident Personal Injury Cyclist Liability

Case Brief

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Parties

Robert Mathew Rickson

Claimant

Nirour Bhakar

Defendant

Procedural Posture

Personal Injury / Trial Judgment on Contributory Negligence

Legal Issues

  1. 1 Whether the claimant was guilty of contributory negligence in the cycling accident
  2. 2 Whether the claimant failed to keep a proper lookout and/or failed to brake in time to avoid the collision

Ratio Decidendi

The claimant, an experienced cyclist, had a clear opportunity to observe the defendant's van and react by braking or decelerating, which would have avoided the collision. His failure to do so, despite having time and space, constituted contributory negligence, though his culpability was much less than the defendant's.

Court Disposition

Finding of 20% contributory negligence against the claimant

Orders

  • Judgment for the defendant on the issue of contributory negligence at 20%
  • Claimant's damages to be reduced by 20%