Breakspeare v Pawlowski [2006] EWCA Civ 451 (20 March 2006)

Breakspeare v Pawlowski [2006] EWCA Civ 451 (20 March 2006)

Permission to appeal granted because the judge's finding that the defendant would not have been required to give way, even if he had seen the claimant, is debatable and not a foregone conclusion given the facts.

Source-derived case information.

Citation
[2006] EWCA Civ 451
Parties
Claimant/appellant: Andrew Mark Breakspeare; Defendant/respondent: Scott Pawlowski
Jurisdiction
England and Wales
Judgment Date
20 March 2006
Procedural Posture
Civil Appeal / Renewal of Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Appeal Procedure
Personal Injury Tort Road Traffic Accident Negligence Contributory Negligence Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Andrew Mark Breakspeare

Claimant/appellant

Scott Pawlowski

Defendant/respondent

Procedural Posture

Civil Appeal / Renewal of Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant was negligent in failing to see and give way to the claimant cyclist
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Whether the judge's findings on liability were correct

Ratio Decidendi

Permission to appeal granted because the judge's finding that the defendant would not have been required to give way, even if he had seen the claimant, is debatable and not a foregone conclusion given the facts.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted
  • Case suitable for mediation; usual direction for mediation to accompany order