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

Parker v Neil, High Court, 7 November 2003

24 November 2003
The issues

Road Traffic Accident – pedestrian – person in the road.

The facts

The Defendant was driving on a rural road in Essex. The Claimant was lying on the road. The Defendant saw what he thought was an empty bag and did nothing other than take his foot off the accelerator. On nearing the obstacle, he saw that it was a person. He braked but was unable to avoid a collision. The Claimant sued for damages for personal injury.

The decision

1. On the evidence, the Claimant was not visible to the driver of the vehicle before the time at which he applied his brakes.

2. It was unlikely that anyone would be lying prone on a rural road and in the circumstances it was not unreasonable for the driver to have taken no other evasive action than he did on seeing what he perceived to be an obstacle.

Claim dismissed.

focus on...

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.


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).


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.


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