Jessica Rose Gadsby v Julie Hayes (formerly Emms)
[2024] EWHC 2142 (KB)
FLR (A child by her mother and litigation friend MLR) v Dr Shanthi Chandran
5 July 2023
[2023] EWHC 1671 (KB)
High Court
A car hit a girl crossing the road. The judge said the driver was mostly to blame because she was going too fast in bad weather, but the girl was also partly to blame for not waiting for the traffic to stop.
Key Facts
- •On January 15, 2018, a 12-year-old girl (FLR) was struck by a car driven by Dr. Shanthi Chandran while crossing Buckingham Road at a pedestrian crossing.
- •The collision caused serious head injuries to FLR, including a subarachnoid bleed and a collarbone fracture.
- •Dr. Chandran was driving at 28 mph, below the 30 mph speed limit, but the conditions were dark and rainy.
- •The case was a liability-only trial to determine the responsibility for the accident.
- •Expert accident reconstruction evidence was presented by both sides, with some points of agreement and disagreement.
Legal Principles
General principles of negligence (duty, breach, causation, loss, damage)
Various court decisions; AB v Main [2015] EWHC 3183 (QB)
The Highway Code's rules regarding speed limits, driving conditions, and care around vulnerable road users (especially children).
Highway Code (21 October 2017 version)
Principles of fact-finding in civil cases, including burden of proof, evidence-based findings, and assessment of witness credibility.
Various authorities, including Re B (A Child) (Adequacy of Reasons) [2022] EWCA Civ 407
Contributory negligence: apportionment of liability when damage is partly due to the claimant's fault.
Law Reform (Contributory Negligence) Act 1945
Outcomes
The defendant (Dr. Chandran) was found liable for 60% of the accident.
She was driving at an excessive speed (28mph instead of the reasonable 20mph) given the conditions (rain, darkness, pedestrian crossing, bus stops) and failed to adjust her driving for the presence of children, therefore breaching her duty of care.
The claimant (FLR) was found liable for 40% of the accident due to contributory negligence.
She stepped into the road while the traffic light was green for vehicles.