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

Grealis v Opuni, Court of Appeal, 28 January 2003

5 February 2003
The issues

Road traffic – overtaking – motorcycle.

The facts

The Claimant was an 18 year old student working part-time as a Pizza Delivery boy. In July 1997 sometime after 11.00 pm, he was riding a moped along the A5 intending to turn right to make his last delivery. The traffic lights were on green and there were some other vehicles in the filter lane also waiting to make a right hand turn. The Claimant jumped the queue and instead of remaining in the filter lane to turn right, passed to the right of the centre bollard before making his turn. He collided with a car being driven across the junction on the other side of the carriageway. The car was travelling at something between 37 and 39 mph. The speed limit was 30 mph. The collision was between the front of the car and the rear wheel of the moped and the Judge found in probability that the collision would have been avoided if the car had been travelling at a slower speed. Nonetheless, the driver’s breach of the Road Traffic Acts could not be equated with a breach of duty of which the Judge found none on the driver’s part. The claim was dismissed. The Claimant appealed.

The decision

The Defendant should have been aware of the possibility of vehicles that were queuing to cross the road miss-judging the speed of oncoming traffic and crossing at an inappropriate time. It was negligent in those circumstances to drive at a speed in excess of the speed limit. The Claimant bore a heavy responsibility to the extent of 80%. 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