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

Rose v South East London & Kent Bus Co Limited, High Court, 22 April 2004

27 April 2004
The issues

Pedestrian – Pedestrian Crossings – Contributory Negligence – Road Traffic

The facts

The Claimant was trying to cross a road divided by a traffic island. The island was surrounded by a railing that left a strip of 18 inches of pavement on the roadside. There was a break in the railing for a pelican crossing. The Claimant crossed the road up to the traffic island and then walked along the roadside strip to the pelican crossing. As she did so, she slipped and was struck by a bus as it started to move through the crossing.

The decision

The bus driver had suffered a momentary lapse in concentration. He had an obligation to check the position of the Claimant and to take reasonable care to make sure she was safe before he moved his bus. Had he seen her, the accident would not have occurred. The Claimant however had clearly taken a risk in crossing the road in the manner in which she had. Judgment for the Claimant subject to a finding of 50% contributory negligence.

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