Jurisdiction(s):
United Kingdom

MW v Wilkinson (EWHC, England and Wales): 20 mph near school reasonable; child’s sudden emergence made collision unavoidable; speculative marginal-speed causation evidence rejected

Published on: 11 November 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

MW (a child by his litigation friend DW) and another v Wilkinson and another company [2025] EWHC 2300 (KB)

What are the practical implications of this case?

The ruling focuses on the duty of motorists in the vicinity of schools and how causation is assessed in road traffic collisions. It clarifies when speed becomes negligent in areas with vulnerable road users. The court held that proceeding at or below the 20 mph advisory limit, a full 25 minutes after school had finished, amounted to ‘reasonably careful driving’. It dismissed the claimants’ contention that the driver should have slowed to 10–15 mph solely because an unaccompanied child (M) was walking on the pavement, as M was not behaving in a way that would alert a prudent driver to an imminent risk (for example, standing on the kerb or running). The decision also bolsters the defence of a sudden, unavoidable emergence. Crucially, the judge found that M moved ‘impulsively’ from behind a parked or stationary vehicle, leaving the defendant with no realistic chance to brake or swerve...

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