Green v Haynes [2014] EWHC 4297 (QB) (18 December 2014)

Green v Haynes [2014] EWHC 4297 (QB) (18 December 2014)

The defendant was negligent in deciding to drive when he was unwell and in the manner in which he drove (too fast, in the wrong lane), and should have foreseen the risk of his condition worsening and impairing his ability to drive. The defence of automatism does not apply as the defendant's own fault contributed to...

Source-derived case information.

Citation
[2014] EWHC 4297 (QB)
Parties
Claimant: Simon Green; Defendant: Peter Haynes
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Personal Injury / Liability Trial; Judgment on Liability Only, Damages to Be Assessed
Outcome
Judgment for the claimant on liability; damages to be assessed.
Legal Topics
Negligence, Automatism Defence, Duty of Care, Standard of Care, Road Traffic Accidents
Tort Law Personal Injury Negligence Automatism Defence Duty of Care Standard of Care Road Traffic Accidents

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Summary, issues, holding and outcome

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Parties

Simon Green

Claimant

Peter Haynes

Defendant

Procedural Posture

Personal Injury / Liability Trial; Judgment on Liability Only, Damages to Be Assessed

Legal Issues

  1. 1 Whether the defendant was negligent in deciding to drive given his medical condition
  2. 2 Whether the defendant was negligent in the manner and speed of his driving
  3. 3 Whether the defence of automatism exonerates the defendant from liability

Ratio Decidendi

The defendant was negligent in deciding to drive when he was unwell and in the manner in which he drove (too fast, in the wrong lane), and should have foreseen the risk of his condition worsening and impairing his ability to drive. The defence of automatism does not apply as the defendant's own fault contributed to the loss of control.

Court Disposition

Judgment for the claimant on liability; damages to be assessed.

Orders

  • Judgment entered for the claimant on liability.
  • Assessment of damages to follow.