Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk
20/06/16. On a clear summer evening the Defendant was riding his motorcycle down a long straight road in south London. His speed was about the 30mph, the limit for the road. Walking towards him on the pavement on the opposite side of the road was the Claimant. The Defendant watched the Claimant walk past an informal pedestrian crossing consisting of two bollards in the middle of the road on raised islands with a gap between the islands for pedestrians to shelter whilst crossing. When the Claimant had walked about 10 metres past the crossing he suddenly ran out into the road towards the Defendant’s motorcycle. At that point, the Defendant was only 10 metres away. The Defendant tried but failed to avoid the Claimant, who was struck and received serious leg injuries.
The Trial
The trial judge dismissed the claim. He rejected the Claimant’s account and accepted the Defendant’s case that the accident was caused by the Claimant, heavily intoxicated, running diagonally towards the Defendant’s motorcycle as described above...
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