Stark v Lyddon

Stark v Lyddon

Both parties were negligent: the defendant for failing to look properly before turning right and not indicating, and the claimant for riding at grossly excessive speed. The claimant bears a much heavier share of blameworthiness due to his deliberate and dangerous conduct. Liability is apportioned 70% to the claimant and 30% to the defendant.

Parties
Claimant: Buster Angus Stark; Defendant: Tabitha Lyddon
Jurisdiction
England and Wales
Judgment Date
02 August 2019
Procedural Posture
Civil / Judgment on Preliminary Issues
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

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Parties

Buster Angus Stark

Claimant

Tabitha Lyddon

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the defendant was negligent in failing to look properly before turning right
  2. 2 Whether the claimant's excessive speed constituted contributory negligence
  3. 3 Apportionment of liability between the parties

Ratio Decidendi

Both parties were negligent: the defendant for failing to look properly before turning right and not indicating, and the claimant for riding at grossly excessive speed. The claimant bears a much heavier share of blameworthiness 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 claimant, 30% to defendant

Orders

  • Claimant's damages to be reduced by 70% for contributory negligence