References: [2007] EWCA Civ 1315
Links: Bailii
Coram: Ward LJ, Lawrence Collins LJ, Toulson LJ
Ratio: The claimant motorcyclist appealed dismissal of his claim for damages. Another motorcycle rider had failed to negotiate a bend, and hit a car in coming in the opposite direction. The claimant said that he crashed when he lost control in the debris.
Held: The judge had not correctly identified the various ways in which the claimant had pleaded his case that his accident occurred through his reaction to the emergency ahead of him. The evidence suggested that but for the accident he would have successfully have negotiated the bend. The appeal was allowed subject to a finding of 20% contributory negligence.
Jurisdiction: England and Wales
This case cites:
- Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL (Times 16-Jul-99, Gazette 11-Aug-99, House of Lords, Bailii, [1999] 3 WLR 363, [1999] UKHL 35, [2000] 1 AC 360, [1999] 3 All ER 897)
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
(This list may be incomplete)
Last Update: 24 April 2020
Ref: 262108 br>
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