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

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

Both parties were negligent: the defendant failed to look properly before turning right and did not indicate, while the claimant was riding at grossly excessive speed, more than double the speed limit, and in a manner described as 'racing.' The defendant's failure to look properly was the primary cause, but the claimant's blameworthiness was greater due to his deliberate and dangerous conduct. Liability is apportioned 70% to the claimant and 30% to the defendant.

Citation
[2019] EWHC 2076 (QB)
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 the claimant and 30% to the defendant.
Legal Topics
Road Traffic Accidents, Negligence, Contributory Negligence, Apportionment of Liability
Tort Law Personal Injury Road Traffic Accidents Negligence Contributory Negligence Apportionment of Liability

Case Brief

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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 onto a major road
  2. 2 Whether the claimant was contributorily negligent due to excessive speed and manner of riding
  3. 3 Proper apportionment of liability between the parties

Ratio Decidendi

Both parties were negligent: the defendant failed to look properly before turning right and did not indicate, while the claimant was riding at grossly excessive speed, more than double the speed limit, and in a manner described as 'racing.' The defendant's failure to look properly was the primary cause, but the claimant's blameworthiness was greater due to his deliberate and dangerous conduct. Liability is apportioned 70% to the claimant and 30% to the defendant.

Court Disposition

Liability apportioned 70% to the claimant and 30% to the defendant.

Orders

  • Claimant entitled to damages reduced by 70% for contributory negligence.