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

Forgotten your password?

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

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


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.


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.


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.


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