header-logo header-logo

Civil Way

Liability

CONCERTINA: THE NON-MUSICAL

KIND

There has been a valiant attempt at establishing liability by a driver who was not within braking distance of a suddenly halting vehicle ahead in Sharp v Ministry of Defence [2007] EWCA Civ 1223, [2007] All ER (D) 417 (Nov).

 

Emergency stop

Ten vehicles were in convoy. V1 came to a steady halt. V2 stopped safely after braking harder than usual. V3 braked sharply. V4 halted normally. V5 and V6 carried out emergency stops, coming to rest a half a metre between them. V7 made an emergency stop but a protruding load of V6 penetrated the cab, grievously injuring the claimant driver of V7 and killing his passenger. The claimant alleged that the Ministry of Defence was liable for the negligence of the drivers of V5 and V6. Lord Justice Sedley said it was apparent that all drivers in the convoy, at least as far back as V8, were caught up in the concertina effect when the lead vehicle unexpectedly halted.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll