header-logo header-logo

12 September 2014 / Elizabeth Milbourn
Issue: 7621 / Categories: Features , Personal injury
printer mail-detail

Standards driven

175651749

Elizabeth Milbourn examines the courts’ approach to liability to injured bus passengers

CCTV evidence played a critical part in absolving the bus driver of fault in Christian v South East London and Kent Bus Company [2014] EWCA Civ 944. A passenger was injured when the driver had to brake suddenly to avoid a collision with a car which had cut in front of the bus. The claimant suffered injuries when she was thrown forward and another passenger landed on her. The trial judge dismissed the claim, after considering the CCTV footage and stills from the bus’ on-board cameras. The claimant’s appeal, on the grounds that the trial judge had erred as to the causes of the bus driver’s braking, was dismissed.

The Court of Appeal in Christian also reiterated the reluctance of appellant courts to interfere in overturning findings of fact made at trial, for example, per Lord Hoffmann in Piglowska v Piglowska [1999] 1 WLR 1360, [1999] 3 All ER 632.

The courts’ approach

In Christian , the matter turned on the reasonableness

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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll