Rickson v Bhakar
The claimant had a clear opportunity to observe the van and react by braking, which would have avoided the collision. His failure to do so constituted contributory negligence, though his culpability was much less than the defendant's.
- Parties
- Claimant: Robert Mathew Rickson; Defendant: Nirour Bhakar
- Jurisdiction
- England and Wales
- Judgment Date
- 20 February 2017
- Procedural Posture
- Personal Injury / Judgment After Trial
- Outcome
- Finding of contributory negligence against claimant at 20%.
- Legal Topics
- Contributory Negligence, Road Traffic Accident, Cycling Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Mathew Rickson
Claimant
Nirour Bhakar
Defendant
Procedural Posture
Personal Injury / Judgment After Trial
Legal Issues
- 1 Whether the claimant was guilty of contributory negligence in failing to observe and react to the defendant's van crossing the carriageway
Ratio Decidendi
The claimant had a clear opportunity to observe the van and react by braking, which would have avoided the collision. His failure to do so constituted contributory negligence, though his culpability was much less than the defendant's.
Court Disposition
Finding of contributory negligence against claimant at 20%.
Orders
- Claimant's damages to be reduced by 20% for contributory negligence.
Full Case Text
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