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England and Wales Case Law

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Tort

Jake Hammond (by his litigation friend Lesley Waller) v Jane Gibbon

The defendant did not fall below the standard of a reasonably competent driver. The claimant appeared suddenly from behind a parked car, giving the defendant insufficient time to perceive and react to the hazard. The defendant's perception reaction time, compounded by the angle of eccentricity, meant she could not have avoided the accident. Therefore, the claim of negligence fails.

  • Negligence
  • Road traffic accident
  • Duty of care
  • Liability
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Tort law

Deborah Wood v Foyer Assurances SA

The Defendant is liable for the accident because its insured, Mr Nunes-Azevedo, was driving at a speed well in excess of the limit, in breach of section 10.1 of the Belgian Traffic Code, and this was causally linked to the collision. However, the deceased, Mr Schmit, was contributorily negligent for failing to stop in the cycle lane to gain a better view, which would have avoided the collision. Liability is apportioned equally at 50% each. The claim under section 29bis of the Law of 21 November 1989 is not time-barred. Damages are assessed under Belgian law, with certain heads of loss adjuste…

  • Road traffic accident
  • Liability
  • Contributory negligence
  • Applicable law (rome ii)
  • Foreign law (belgian law)
  • Damages assessment
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Tort law

Martin Moor v Aviva Insurance Limited & Anor

The Claimant failed to prove on the balance of probabilities that the Defendants' driver was negligent. The evidence established that the Claimant was driving at excessive speed, failed to navigate the bend properly, entered the wrong carriageway, and caused the collision. The Defendants' driver acted appropriately and did all he could to avoid the accident.

  • Road traffic accident
  • Negligence
  • Liability
  • Standard of proof
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Tort law [2023] EWHC 931 (KB)

Rowbottom v The Estate of Peter Howard, Deceased & Anor

Rowbottom v The Estate of Peter Howard, Deceased & Anor [2023] EWHC 931 (KB) (25 April 2023)

The High Court found that a motorcycle-car collision was caused by the second defendant drifting into the wrong lane. The claimant was blameless and judgment was for her against him.

  • Negligence
  • Road traffic accidents
  • Liability apportionment
  • Road-traffic-accidents
  • Personal-injury
  • Liability
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Tort

Conrad Hetherington v Anna Elizabeth Blythe

The High Court dismissed a pedestrian road traffic claim after finding the driver was not negligent and the collision was unavoidable.

  • Negligence
  • Road traffic accident
  • Liability
  • Contributory negligence
  • Road-traffic-accident
  • Contributory-negligence
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Defamation

Stephen Gooderson v Mohammad Ismail Ali Qureshi

Defamation claim over review-site posts was proved against the defendant. The court found 20 posts defamatory, caused serious harm, awarded £42,500 and granted an injunction.

  • Defamation
  • Serious harm
  • Aggravated damages
  • Injunctive relief
  • Publication
  • Reference
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Tort

Robinson v Barker & Anor

Road traffic liability trial in which the court preferred the defendant’s version of events, found the claimant’s case unreliable, and dismissed the claim.

  • Road traffic accident
  • Liability
  • Negligence
  • Expert evidence
  • Witness credibility
  • Road-traffic-accident
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Tort [2020] EWHC 3097

Robinson v Barker & Anor

Robinson v Barker & Anor [2020] EWHC 3097 (QB) (18 November 2020)

High Court liability trial over a road traffic collision in Stockport. The court rejected the claimant’s account, preferred the defendant’s version, and dismissed the claim.

  • Road traffic collision
  • Negligence
  • Liability
  • Accident reconstruction
  • Witness credibility
  • Road-traffic-collision
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.