Probert v Moore

Probert v Moore

The defendant was negligent by driving at a speed in excess of 50 mph on a narrow country road, failing to reduce speed for oncoming traffic and not keeping a proper lookout for pedestrians. The claimant, a 13-year-old child, did not contribute to the accident as her actions did not fall below the standard expected of an ordinary child of her age.

Parties
Claimant: Bethany Probert (A Child by her Litigation Friend and Mother Joanna Probert); Defendant: Paul Moore
Jurisdiction
England and Wales
Judgment Date
09 August 2012
Procedural Posture
Personal Injury Claim / Judgment After Trial
Outcome
Judgment for the claimant; damages to be assessed.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Duty of Care
Tort Law Personal Injury Road Traffic Accident Negligence Contributory Negligence Duty of Care

Case Brief

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Parties

Bethany Probert (A Child by her Litigation Friend and Mother Joanna Probert)

Claimant

Paul Moore

Defendant

Procedural Posture

Personal Injury Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant was negligent in driving on Abthorpe Road
  2. 2 Whether the claimant contributed to the accident (contributory negligence)

Ratio Decidendi

The defendant was negligent by driving at a speed in excess of 50 mph on a narrow country road, failing to reduce speed for oncoming traffic and not keeping a proper lookout for pedestrians. The claimant, a 13-year-old child, did not contribute to the accident as her actions did not fall below the standard expected of an ordinary child of her age.

Court Disposition

Judgment for the claimant; damages to be assessed.

Orders

  • Application for permission to appeal on contributory negligence refused.
  • If parties cannot agree consequential orders, matter to be relisted for directions.