Elson v Stilgoe: CA 30 Mar 2017

Appeal from dismissal of claim for personal injuries in road traffic accident.
Held: The appeal failed: ‘the effect of the judge’s findings is that the claimant was not on the defendant’s side of the road for any length time sufficient for him to be observed by the defendant in a way which required him to take some evasive action. The judge’s findings present a picture of a defendant driving properly, confronted at the last moment by a claimant who had made a decision to veer into his path without good reason for doing so. The clear implication of findings made by the judge was that in the circumstances there was no reasonable ground for asserting that the driver should have taken account of the possibility of a sudden veering into his path without good reason by the claimant. The judge’s conclusions appear to me to show that the sole cause of the accident was the claimant’s actions rather than any action or inaction of the defendant.’


[2017] EWCA Civ 193




England and Wales

Personal Injury, Negligence, Road Traffic

Updated: 24 March 2022; Ref: scu.581337