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

Phillips-Turner v Reading Transport Ltd, County Court, 26 January 2000

15 August 2000
The issues

Bus Passengers – Bus Moving Off – Negligence

The facts

The Claimant aged 63 was a passenger on the Defendant’s bus. She was making her way to the far end of a long seat between the entry and the exit doors when the bus moved off and she fell. She alleged that the driver had failed to make sure she was seated before moving off and that he had moved off with a jerk.

The decision

Following Fletcher v United Counties Omnibus Co Limited (1998 PIQR at page 154) bus drivers generally did not have a duty to wait for all passengers to be seated where safety supports were provided although different considerations might apply where a passenger was elderly or infirm or particularly encumbered. The Claimant was a fit and active 63 year old. She was not vulnerable. There was nothing to suggest the driver ought to have taken particular care. On the evidence, although there was a slight jerk as the bus moved off it was nothing out of the ordinary.

Claim dismissed.

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