ON APPEAL FROM CAMBRIDGE COUNTY COURT
(HIS HONOUR JUDGE MOLONEY QC)
Strand, London, WC2A 2LL
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Lord Justice McFarlane:
"I am satisfied in the light of the evidence I have heard that he [that is, Mr Fenwick, the defendant's driver] was at fault in his emergency stop, that he was too close. It was not a case where something happened that necessitated an emergency stop, but he was otherwise driving safely. He was actually at fault, in having driven so close to the vehicle in front that, if any problem occurred with that vehicle or ahead of it causing it to brake, he would have to engage in an emergency stop himself."
"39. However, in my view, Mr Purchas was right to realise (as he plainly had at the hearing of this appeal) that the only way he could hope to show causation against the taxi driver was by showing that his negligence consisted not merely in failing to stop before hitting the Toyota but in performing an emergency stop when it was not necessary. He was in my view right to say that it did not matter much whether the taxi struck the Toyota or not. What mattered was whether the taxi driver unnecessarily put the vehicles behind him in difficulty."
"Doing the best I can, it seems to me that each through his similar fault was equally to blame for the collision and that it is therefore proper that I should find that there was a breach of duty leading to Mr. Pease's collision with Mr. Fenwick's lorry, but that he made a 50 per cent contribution through his own negligence to the consequences of it."
Order: Application refused