Lunt v Khelifa [2002] EWCA Civ 801 – Law Journals

Road Traffic Accidents: Stop, look, listen

Adam Dyl highlights the importance of foreseeability in the context of determining liability following the recent decision from the Court of Appeal in Scott v Gavigan [2016] ‘While a defendant is not liable for damage that was not reasonably foreseeable, it does not follow that he is liable for all damage that was reasonably foreseeable.’Drivers …

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Case Report: Flint v Tittensor and the MIB [2015] EWHC 466 (QB)

Vehicular trespass to the person; battery; self-defence; ex turpi causa; volenti non fit injuria ‘A finding that the force used was disproportionate so as to preclude self-defence is simultaneously likely to mean that there is no entry point for ex turpi, or at best only a very narrow one.’ This case provides an enlightening illustration …

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Road Traffic Accidents: Just and equitable = flexibility

Toby Kempster advises how to approach an apportionment of liability ‘Driving a motor car imposes a high level of responsibility (and therefore potential culpability if mishandled) upon the driver as a result of the potential danger the car presents.’ Predicting how liability will be apportioned (if at all) in a road traffic accident often appears …

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RTAs: Pedestrian fault in running down claims – a review of recent authorities

Hannah Saxena takes a look at the recent approach taken in cases where a pedestrian has stepped into the road at the last minute and particular analysis of the Court of Appeal’s decisions in Birch v Paulson [2012] and Rehill v Rider Holdings Ltd [2012] While it might be a rare occasion that drivers are …

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Police Claims: In the agony of the moment

Julian Abengowe discusses the apportionment of liability when pedestrians are hit by emergency vehicles ‘On appeal, the claimant’s contribution was reduced from three quarters to one third, with the police officer being held two thirds responsible.’ In Smith v Chief Constable of Nottinghamshire Police [2012], a mobile patrol police officer was responding to an emergency …

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