The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Most road traffic cases turn on their particular facts.
There are few hard and fast rules, and disapproval of the excessive citation of authority has been expressed in several cases (see, for example, Foskett v Mistry  RTR 1 (not reported by LexisNexis®)).
Despite such judicial reservations, a body of case law has evolved over the past century that provides helpful guidance in a number of familiar situations. Provided that decisions on the facts of particular cases are not mistaken for principles of law, previous decisions often give a helpful indication of how the issue of liability is likely to be resolved.
A driver must not assume that another driver will be sensible and careful (see Truscott v McLaren  RTR 34 (not reported by LexisNexis®)).
Rule 147 of the Highway Code advises drivers to be careful of and considerate towards all types of road users. Drivers should be patient, remembering that anyone can make a mistake.
In a dangerous situation, a driver is not negligent if, on the spur of the moment, they exercise such care as may reasonably be expected, even if that was not quite the correct action in the circumstances (see Tocci v Hankard (No 2) (1966) 110 Sol Jo 835 (not reported by LexisNexis®)).
High speed alone is not necessarily evidence of negligence unless the particular conditions at the time preclude it.
A claimant who was speeding at the time of the accident will not necessarily have
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.