Knightley v Johns [1981] EWCA Civ 6

Police Constable Knightley was injured when ordered to ride his motorcycle the wrong way through a tunnel to close it after Mr Johns negligently overturned his car. The Court of Appeal held that the chain of causation was broken by the Inspector's negligence, making Mr Johns not liable but the police liable.

Facts

On a Friday evening in October 1974, Mr Johns negligently overturned his car in the Queensway tunnel in Birmingham, blocking the northbound carriageway. Police Constable Knightley arrived at the scene and was ordered by Inspector Sommerville to ride his motorcycle the wrong way through the tunnel to close it, as the Inspector had forgotten to do so. The Standing Orders for such emergencies required the tunnel to be closed before officers entered and prohibited travelling against traffic unless confirmation was received that all traffic had been stopped. While riding against traffic alongside PC Easthope, Knightley collided with Mr Cotton’s oncoming car and suffered serious injuries.

The Standing Orders

The police force had Standing Orders specifically for emergencies in the Queensway Tunnel which required officers to close the tunnel entrance before dealing with incidents, and that officers should only travel the wrong way when confirmation was received that all traffic had been stopped.

Issues

1. Whether Mr Johns’ original negligence was an operative cause of the plaintiff’s injuries.
2. Whether the Inspector’s negligence in forgetting to close the tunnel and ordering the officers to ride the wrong way broke the chain of causation.
3. Whether the plaintiff was contributorily negligent.

Judgment

The Court of Appeal allowed Mr Johns’ appeal and held that the chain of causation was broken by the intervening negligence of Inspector Sommerville. Lord Justice Stephenson delivered the leading judgment.

On Causation and Novus Actus Interveniens

Lord Justice Stephenson reviewed the authorities on novus actus interveniens and reasonable foreseeability. He concluded that while some mistakes and mischances are to be expected when dealing with emergencies, the Inspector’s negligence constituted a new cause that broke the chain of causation.

The court held that the test remains one of reasonable foreseeability – whether the sequence of events was a natural and probable consequence of the original negligence. Lord Justice Stephenson stated:

“In my judgment, too much happened here, too much went wrong, the chapter of accidents and mistakes was too long and varied, to impose on Mr. Johns liability for what happened to the plaintiff in discharging his duty as a police officer, although it would not have happened had not Mr. Johns negligently overturned his car. The ordinary course of things took an extra-ordinary course.”

On the Inspector’s Negligence

The court found Inspector Sommerville negligent in failing to close the tunnel and in ordering his subordinates to perform a dangerous manoeuvre contrary to Standing Orders. The Inspector did not give evidence, and the court drew adverse inferences from his absence.

On the Plaintiff’s Conduct

The court held that the plaintiff was not negligent in obeying the Inspector’s orders or in deciding to ride close to lane 1’s wall. He had no time to deliberate and should not be blamed for taking a decision which, on its face, was sensible.

Implications

This case is significant for establishing principles on when intervening negligence breaks the chain of causation. Key principles include:

• Negligent conduct is more likely to break the chain of causation than non-negligent conduct
• Positive acts will more easily constitute new causes than inaction
• While some mistakes are foreseeable in emergencies, there are limits to what the original wrongdoer can be held responsible for
• The question of remoteness is ultimately one for common sense rather than logic

The case demonstrates that even in rescue situations, where policy favours protecting rescuers, there are limits to the original tortfeasor’s liability when multiple serious errors intervene.

Verdict: Appeal allowed. Judgment for the plaintiff against Mr Johns set aside. Judgment entered for the plaintiff against the Chief Constable and Inspector Sommerville for damages to be assessed on the basis of full liability.

Source: Knightley v Johns [1981] EWCA Civ 6