Stark v Lyddon [2019] EWHC 2076 (QB) (02 August 2019)

Stark v Lyddon [2019] EWHC 2076 (QB) (02 August 2019)

Both parties were negligent: defendant failed to look properly before turning right and did not indicate; claimant was riding at grossly excessive speed, more than double the speed limit. Apportionment of liability is 70% claimant, 30% defendant, based primarily on claimant's greater blameworthiness.

Citation
[2019] EWHC 2076
Parties
Claimant: Buster Angus Stark; Defendant: Tabitha Lyddon
Jurisdiction
England and Wales
Judgment Date
02 August 2019
Procedural Posture
Personal Injury Road Traffic Accident / Trial of Preliminary Issues of Liability and Contributory Negligence
Outcome
Liability apportioned 70% to claimant, 30% to defendant.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Apportionment of Liability
Tort Personal Injury Road Traffic Accident Negligence Contributory Negligence Apportionment of Liability

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 5 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Buster Angus Stark

Claimant

Tabitha Lyddon

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial of Preliminary Issues of Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the defendant was negligent in failing to look properly before turning right
  2. 2 Whether the claimant was contributorily negligent due to excessive speed
  3. 3 Apportionment of liability between claimant and defendant

Ratio Decidendi

Both parties were negligent: defendant failed to look properly before turning right and did not indicate; claimant was riding at grossly excessive speed, more than double the speed limit. Apportionment of liability is 70% claimant, 30% defendant, based primarily on claimant's greater blameworthiness.

Court Disposition

Liability apportioned 70% to claimant, 30% to defendant.

Orders

  • Claimant entitled to damages reduced by 70% for contributory negligence.
  • Defendant liable for 30% of damages.