It was held that neither of the defendant drivers drove in a manner that fell below the reasonable standard of care. There was nothing in the judgment or evidence to justify that the bus driver should have seen the scooter earlier than she did.
The cases of London Passenger Transport Board v Upson  1 All ER 60 and Rouse v Squires  2 All ER 903 were cited and these established that a driver is not entitled to drive on the assumption that other road users will behave with reasonable care. The judge was therefore in error in saying the drivers had been entitled to assume that the claimant would hold back as they negotiated the turn. It was held that for the avoidance of doubt, it was not accepted that the judge was mistaken in his view that the drivers would have been entitled to assume in all the circumstances of this case that the claimant would hold back as they negotiated the turn.
On the basis that the judge’s decision was upheld, the issue of contributory negligence did not arise and the appeal was dismissed.