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

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

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