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

DAS International Ltd v Manley, Court of Appeal, 15 October 2002

22 October 2002
The issues

Road traffic – avoiding pedestrian – flagging down approaching car.

The facts

The weather conditions were wet and dark. The Defendant was driving on a dual carriageway, when he saw a pedestrian on the side of the road. He swerved to his offside and hit the central reservation, bouncing off into a ditch on the nearside. He got out and walked back up to the carriageway to try to flag down help. The Claimant’s jeep approached the scene. Its driver saw the Defendant and swerved to avoid him, also hitting the central reservation, bouncing off and landing in the ditch. The Claimant argued that the Defendant was in the centre of the nearside lane, when flagging down help. A witness thought that the Defendant had been standing between 2 or 3 feet into the lane. The Judge found the Defendant’s actions reasonable and appropriate in the circumstances.

The Claimant appealed.

The decision

1. The Judge had to measure the Defendant’s actions against those of the reasonable person, in relation to the likelihood and significance of the risk or harm.

2. It was unreasonable for the Defendant to have moved from the side of the road into the lane, however far in he moved.

3. The Judge’s view that the Defendant was not negligent was wrong.

Appeal allowed.

focus on...

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.


Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.


Legal updates

SRA Standards and Regulations November 2019

On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.


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