0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Barlow v Smith, Queen's Bench Division, 15 May 2000

1 June 2000
The issues

Pedestrians Fooling around – Drivers standard of care

The facts

A High Court Judge ordered Judgement to be entered against the Claimant with a reduction of 50% for contributory negligence. The Claimant has been severely injured crossing a road when struck by a car driven by the Defendant. The Defendant had driven at 25 mph through a green light. The Claimant had been larking around at the side of the road with a number of friends. The Claimant had run out into the road. The Judge found that the Defendant had not been keeping a proper lookout and accordingly had been negligent but the Claimant had been 50% responsible.

The Defendant Appealed.

The decision

1. There was no doubt that the Defendant had failed to keep a proper lookout and had been negligent. However, the issue was whether the negligence had been causative of the accident.

2. On the Judges findings the car had been too close to the point of impact for the driver to have taken any action to avoid the collision.

3. The Judge had asked himself whether a reasonably careful driver would have seen the Claimant at the side of the road before he had run out and would have anticipated that he might do so. This issue however was contrary to findings made by the Judge and in particular the fact that he had said he was not concerned with what had been happening before the Claimant ran out.

4. It was an unrealistic demand to be placed on a driver travelling at 25 mph through a green traffic light on an A class road to say that he should have anticipated that one of the men including the Claimant might run out. Appeal allowed.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up