Christopher Edwards successfully resists appeal

24th October 2011

Christopher Edwards successfully resisted an appeal to the High Court in the case of Smith v Kempson [2011] EWHC 2680 (QB) (Tugendhat J), which has recently been reported in Lawtel.

The court dismissed the Defendant's appeal that the judge at first instance had applied too high a standard of care in a claim in negligence arising from a road traffic accident where the Defendant had emerged from a minor road into the path of the Claimant's correctly proceeding motorcycle. Tugendhat J held it is open to a judge to conclude that a person has acted in breach of standard of care even if the judge is unable to say, or has not said, precisely what action or omission constituted the fault.