header-logo header-logo

Standards driven

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll