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09 March 2009 / Stephen Gold
Categories: Legal News , Damages , Professional negligence , Personal injury
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Civil Way

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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 halted. There was no suggestion that the intervals between the vehicles

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