Paramasivan v Wicks [2013] EWCA Civ 262 (23 January 2013)

Paramasivan v Wicks [2013] EWCA Civ 262 (23 January 2013)

The defendant was not negligent in driving at 25 mph, but was negligent in failing to keep a proper lookout and respond to the claimant's sudden emergence; this breach contributed to the injury, but the claimant's own carelessness was the primary cause, warranting a 75/25 apportionment of liability.

Citation
[2013] EWCA Civ 262
Parties
Respondent: Paramasivan; Appellant: Wicks
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Road Traffic Accident Liability Appeal / Appeal From High Court, Liability Only Hearing
Outcome
Appeal allowed; liability apportioned 75% to claimant, 25% to defendant.
Legal Topics
Contributory Negligence, Duty of Care, Causation, Apportionment of Liability
Tort Personal Injury Negligence Contributory Negligence Duty of Care Causation Apportionment of Liability

Case Brief

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Parties

Paramasivan

Respondent

Wicks

Appellant

Procedural Posture

Road Traffic Accident Liability Appeal / Appeal From High Court, Liability Only Hearing

Legal Issues

  1. 1 Was the defendant negligent in failing to keep a proper lookout?
  2. 2 Was the defendant's speed reasonable under the circumstances?
  3. 3 Did the defendant's breach of duty cause the claimant's injury?

Ratio Decidendi

The defendant was not negligent in driving at 25 mph, but was negligent in failing to keep a proper lookout and respond to the claimant's sudden emergence; this breach contributed to the injury, but the claimant's own carelessness was the primary cause, warranting a 75/25 apportionment of liability.

Court Disposition

Appeal allowed; liability apportioned 75% to claimant, 25% to defendant.

Orders

  • Substitute finding of liability with 75/25 apportionment in favour of defendant.
  • Appeal allowed.