Macleod (By His Deputy And Litigation Friend, Macleod) v Commissioner of Police of the Metropolis
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- HIS HONOUR JUDGE MCKENNA
Areas of Law
- Tort Law
- Evidence Law
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
On 24 March 2010, Donald MacLeod was severely injured when struck by a police car driven by PC Reilly responding to an emergency. The key issue was whether MacLeod was traveling along Southgate Road or Northchurch Road. The court found the Defendant liable, determining the police car was driven negligently at excessive speed without proper lookout. Witness accounts and experts supported that MacLeod was cycling on Southgate Road, contradicting the defence's claims. The duty of care was affirmed, and no contributory negligence was found on MacLeod’s part. The case reiterated the duty of care owed by emergency vehicle drivers.
Judgment
His Honour Judge McKenna :
Introduction
On 24 March 2010 at about 9pm a tragic road traffic accident took place at a mini-roundabout marking the junction of the B102 Southgate Road and Northchurch Road in London involving a bicycle being ridden by the Claimant, Donald MacLeod, and a marked police car being driven by PC Reilly who, together with three other officers, were responding to an emergency call to a firearms incident in Hackney.
As a result of the accident the Claimant has suffered very significant injuries such that he has been unable himself to give any evidence as to how the accident happened, and in this action he pursues a claim for damages against the Commissioner of Police for the Metropolis (“the Defendant”). At this stage however, this court is only concerned with the issue of liability.
Southgate Road runs predominantly in a North–South direction, has one lane in each direction and is relatively straight for approximately 500 metres south and 350 metres north of its junction with Northchurch Road.
On the north-bound approach to the junction with Northchurch Road there is a raised central island which narrows the northbound lane to 4.7 metres. As the road approaches the give-way lines, the near side kerb curves inward, reducing the northbound lane to 3.9 metres. The mini-roundabout is a 1.6 metre diameter roundel painted on the road surface, whilst to the north of the junction there is another raised central island which forms part of a pedestrian zebra crossing. Moreover the whole junction is controlled by a traffic calming measure in the form of a raised speed table with ramps leading on to the platform which has the effect of raising the road to be level with the footpath. Give way road markings control road users entering the mini-roundabout.
It is common ground that the speed limit on Southgate Road was, at the material time, 30 miles per hour; although there is a statutory exemption provided by section 87 of the Road Traffic Regulation Act 1984 in cases where, as here, a police vehicle is responding to an emergency call.
Northchurch Road runs at right angles east to west to Southgate Road and is a dedicated cycle route. The western side is a two-way road with one lane in each direction whilst the eastern side is paved over and has bollards erected to prevent vehicular access, though it is permissible for cyclists and pedestrians to traverse.
Just before 9pm on 24 March 2010 PCs Reilly and Burbeck were on duty at Sho