header-logo header-logo

Home Login E-newsletter About us

Civil Way

© Copyright LexisNexis 2025. All Rights Reserved.
09 March 2009 / Stephen Gold
Categories: Legal News , Damages , Professional negligence , Personal injury
printer mail-detail

Liability

CONCERTINA: THE NON-MUSICAL

KIND

There has been a valiant attempt at establishing liability by a driver who was not within braking distance of a suddenly halting vehicle ahead in Sharp v Ministry of Defence [2007] EWCA Civ 1223, [2007] All ER (D) 417 (Nov).

 

Emergency stop

Ten vehicles were in convoy. V1 came to a steady halt. V2 stopped safely after braking harder than usual. V3 braked sharply. V4 halted normally. V5 and V6 carried out emergency stops, coming to rest a half a metre between them. V7 made an emergency stop but a protruding load of V6 penetrated the cab, grievously injuring the claimant driver of V7 and killing his passenger. The claimant alleged that the Ministry of Defence was liable for the negligence of the drivers of V5 and V6. Lord Justice Sedley said it was apparent that all drivers in the convoy, at least as far back as V8, were caught up in the concertina effect when the lead vehicle unexpectedly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Muckle LLP—Phoebe Gogarty

Muckle LLP—Phoebe Gogarty

North East firm welcomes employment specialist

Browne Jacobson—Colette Withey

Browne Jacobson—Colette Withey

Partner joins commercial and technology practice

Ellisons—Lizzy Firmin

Ellisons—Lizzy Firmin

Chief operating officer joins equity partnership

NEWS
Read All
NLJ this week: Form N510—not just a box to tick
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
NLJ this week: Delegation or dereliction?
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
NLJ this week: FCA faces its toughest test yet
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
NLJ this week: Instructing the right expert
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
NLJ this week: Striking back at SLAPPs
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023, in NLJ this week
Copyright © 2025 LexisNexis
back-to-top-scroll