The Gazette 1971

On appeal by the plaintiff to the Court of Appeal (Davies, Edmund Davies and Buckley L.JJ.) : Held, allowing the appeal, that, even though the traffic lights at the road junction were green in his favour, the defendant was under a duty to traffic already lawfully in the junction prior to the change of lights, which he could reasonably foresee might still be crossing, not to enter the junction until it was safe to do so, and, therefore, he was negligent; and that since the defendant had not established that even if the plaintiff had seen the defendant, he could have taken any action to avoid the 'accident, the p'aintiff was not guilty of contributory negligence, and, accordingly, the defendant was wholly to blame for the accident. Decision of Wrangham J. varied. £268.50 substituted for £96.75 in High Court. [Radburn v Kemp; C.A. ( 1971 ); 1 W. L . R. 1502.]

COND I T I ONAL ORDER FOR CERT I ORARI GRANTED F OR N OT STAT I NG OF FENCE WAS C OMM I T T ED ON OPEN ROAD Application for a conditional order of certiorari in respect of two conditions on foot of motoring offences alleged at Achill in May 1970. The first condition, under Section 109 of the Ro ad Traffic Act, 1961, makes it an offence for a person driving a vehicle in a public place not to stop the vehicle at the request of a Garda. The offence entered in the Justice's Minute Book does not state that the offences were committed in a public place, and it was contended that the conviction was bad on its face. This contention is valid. The second conviction, under Section 13 of the Road Act, 1970, prohibits the use of any vehicle on public roads in respect of which a licence under the Finance Act, 1970, is not in force. The Finance Excise Duties (Vehicles) Act, 1952, is substituted for the Act of 1921, and Section 1 of the 1952 Act also speaks of user on public roads. There was also a failure to allege that the offence was committed on a public road and therefore the conviction is bad on its face. Order of O ' Ke e f fe P. refusing conditional order of certiorari reversed. Conditional order granted. [State (Carthew) v District Justice Mc Ga h o n; full Supreme Court, Judgment of the Chief Justice (con- curred in by the other members of the C o u r t ); 13th July 1971.] Appeal from Wrangham J. at Nottingham Assizes. The plaintiff, Leslie Jack Radburn, claimed damages on the ground of negligence against the defendant, Arthur William Kemp, for personal injuries which he had sus- tained as the result of a road accident in a five-way junction in Derby on 8th October 1968 when there was a collision between the plaintiff's pedal cycle and the defendant's motor car. The defendant made a payment in before trial of £ 3 43 9s in satisfaction of the plain- tiff's claim. Special damages were agreed at £93.50. Wrangham J. held that both parties were equally to blame for the accident and assessed general damages at £100. He, accordingly, awarded the plaintiff £96.75. The plaintiff appealed both on contributory negli- gence and on quantum on the grounds : (1) that the judge was wrong to find him guilty of contributory negligence; (2) that the plaintiff had in the circujn- stances acted reasonably and could not have avoided the accident by any action on his part, and (3) that the amount of general damages awarded was too low and inadequate. The plaintiff pedal cyclist entered a five-way road junction when the traffic lights were at green in his favour. He had crossed two-thirds of the junction when the traffic lights changed. Th ey were then at green in favour of the defendant who drove his car into the junction and collided with the plaintiff who sustained personal injuries. Neither of the parties saw the other before the accident, but, even if the plaintiff had stopped, the collision might still have occurred. Wrangham J. held that both parties were equally to blame for the accident in failing to keep a proper look out. 160 CONTR I BUTORY NEGL I GENCE AT CROSS- ROADS—DUTY BY DEFENDANT T O G I VE WAY T O ENSURE SAFETY

Waterford Law Society

The President of the Waterford Law Society is Mr. Matthew J. Lardner, Cathedral Square, Waterford, and the Secretary is Mr. Jeremiah Halley, 5 George's Street, Waterford.

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