17 June 2016
Scott v Gavigan [2016] All ER (D) 35 (Jun)
The Court of Appeal dismissed the claimant’s appeal against the judge’s decision that he had been wholly responsible for an accident that had occurred when he had run across a road into the path of an oncoming moped driven by the defendant. Among other things, it held that the judge had been entitled to have made the finding of want of foreseeability that he had and it had not been incumbent on the defendant to have taken steps to avert a risk of which he neither had been, nor should have been, aware.
