The driver appealed dismissal of his claim for personal injuries against his employer. He had crashed, but said that he had been awake for 19 hours.
Held: Both employer and employee must have been aware of the risks. The most likely explanation was a micro-sleep lasting less than ten seconds. The appeal was allowed, but with a 33% contributory negligence.
Judges:
Ward LJ, Moore-Bick LJ, Sir Martin Nourse
Citations:
Times 21-May-2007, [2007] EWCA Civ 365
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .
Cited – Regina v Middleton CACD 12-Apr-2000
Where a defendant was shown to have lied in the course of proceedings it need not always be necessary to give a Lucas direction. In some circumstances the jury could properly be expected not to follow a prohibited line of reasoning without such a . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 10 July 2022; Ref: scu.251449