‘The case is one which is severely distressing to all who have been concerned with it and one which should attract automatic compensation regardless of any question of fault. But no such system has yet been introduced in this country and the courts, including this House, have no power to depart from the law as it stands. This requires that compensation may only be obtained in an action for damages and further requires, as a condition of the award of damages against the [driver], a finding of fault, or negligence, on his part . . it is . . not disputed that any degree of fault on the part of the [driver] if established, is sufficient for the [plaintiff] to recover. On the other hand, if no blame can be imputed to the [driver], the action, based on negligence, must inevitably fail.’
Judges:
Lord Wilberforce
Citations:
Unreported, 1975
Jurisdiction:
England and Wales
Cited by:
Cited – Mansfield and Another v Weetabix Limited and Another CA 26-Mar-1997
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting . .
Lists of cited by and citing cases may be incomplete.
Negligence, Road Traffic
Updated: 29 April 2022; Ref: scu.190023
