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England and Wales decisions
Decisions matching the current search
Personal injury road traffic claim dismissed after the claimant failed to prove the driver breached his duty of care or caused the collision.
The High Court dismissed a contribution claim arising from a fatal road traffic collision, finding the fourth party driver owed no duty to anticipate the deceased drivers reckless manoeuvre.
Swan v Estate of Drew Docherty (Deceased) & Ors [2025] EWHC 2577 (KB) (10 October 2025)
High Court contribution claim arising from a fatal road traffic collision. The court held the recovery vehicle driver was not negligent and dismissed the claim against his employer.
The Court of Appeal held that, once protective Part 8 proceedings are issued, the court can make case management orders directing compliance with PAP steps.
Pashamov v Taylor & Anor [2025] EWHC 1035 (KB) (30 April 2025)
The High Court held an employer liable after a worker was struck crossing a road to guide other employees to a bus, but found the claimant 35% contributorily negligent.
Piercy v Kangethe [2025] EWCC 11 (19 March 2025)
County Court judgment on a road traffic credit hire claim. The claimant succeeded, with only £40 administration charges disallowed and credit given for an interim repair payment.
The defendant was negligent in failing to observe the claimant pedestrian, who was visible and posed a foreseeable hazard, and in failing to react in time to avoid the collision. The claimant was contributorily negligent by not looking to his right and failing to observe the approaching mixer, but his decision not to use the underpass was reasonable and does not sound in contributory fault. The just and equitable apportionment is 60% liability to the defendant and 40% to the claimant.
Source excerpt
Colizzi v Coulson & Anor [2024] EWHC 1956 (KB) (26 July 2024)
In a road traffic negligence claim, the High Court found the claimant did not prove the driver was negligent and dismissed the claim after a preliminary liability and causation trial.
RTP v Hardcrete Ltd [2024] EWHC 1123 (KB) (10 May 2024)
The High Court found a cement mixer driver negligent in failing to keep a proper lookout for a pedestrian, but reduced damages by 40% for contributory negligence.
Miah v Jones & Anor [2024] EWHC 92 (KB) (30 January 2024)
Road traffic liability trial dismissed after the court found the driver was not negligent and could not reasonably have avoided the pedestrian collision.
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