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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Lunt v Khelifa [2002] EWCA Civ 801 (22 May 2002) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2002/801.html Cite as: [2002] EWCA Civ 801 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(His Honour Judge Bentley
(sitting as a deputy High Court judge))
Strand London WC2 |
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B e f o r e :
LORD JUSTICE LATHAM
MR JUSTICE HART
____________________
JOHN ![]() | ||
Claimant/Appellant | ||
- ![]() ![]() |
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BEKHIA ![]() | ||
Defendant/Respondent |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
"They reinforce me in theview
which I have come to, which is that the claimant was 1/3 to blame for the accident."
"That may be so in the case of a driver who puts himself in the control of an object which is capable of great damage if it is not properly controlled, but I am not persuaded that it makes a significant difference in this case in the case of a pedestrian. It seems to me that the pedestrian's conduct has to be judged by what he did rather than the explanation as to why he did it."
"The result of that statistical survey is no doubt a matter of expert knowledge not available to a layman. But whether it is of any material assistance in this case is another matter. It is not the fact that a plaintiff has consumed too much alcohol that matters, it is what he does. If he steps in front of a car travelling at 30 mph at a time when the driver has no opportunity to avoid an accident, that is avery
dangerous and unwise thing to do. The explanation of his conduct may be that he was drunk: but the fact of drunkenness does not, in my judgment, make the conduct any more or less dangerous and it does not in these circumstances increase the blameworthiness of it."