Pease v Bulmers Logistics Ltd

Pease v Bulmers Logistics Ltd

The judge's findings established both negligence and a causative link between the defendant's conduct and the collision. The apportionment of liability at 50/50 was within the trial judge's discretion based on the evidence, and there was no basis for appellate interference.

Parties
Appellant: Pease; Respondent: Bulmers Logistics Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2011
Procedural Posture
Civil Appeal / Application for Permission to Appeal From County Court Judgment
Outcome
Application for permission to appeal refused
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Causation
Tort Law Civil Procedure Negligence Contributory Negligence Apportionment of Liability Causation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Pease

Appellant

Bulmers Logistics Limited

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding the defendant's negligence was causative of the accident
  2. 2 Whether the trial judge erred in apportioning liability equally between the parties without analysing respective causative potency

Ratio Decidendi

The judge's findings established both negligence and a causative link between the defendant's conduct and the collision. The apportionment of liability at 50/50 was within the trial judge's discretion based on the evidence, and there was no basis for appellate interference.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused on both grounds