Allen v Cornwall Council: QBD 20 May 2015

The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and safety. The claimant’s report had been served but remained sealed pending the outcome of the application. He said it was in answer to the defendant’s plea of contributory negligence.
Held: Leave to appeal was refused.

Green J
[2015] EWHC 1461 (QB)
Highways Act 1980 41
England and Wales
CitedLiddell v Middleton CA 17-Jul-1995
A husband and wife crossed a road. The wife, appreciating that the danger from the traffic, ran across. The husband stood in the middle of the road and then went ahead, but was struck by a vehicle and injured. He was significantly affected by . .
CitedWalbrook Trustee (Jersey) Ltd and others v Fattal and others CA 11-Mar-2008
Applications between consortium members as to management of apartment block.
Lawrence Collins LJ said: ‘ . . an appellate court should not interfere with case management decisions by a judge who has applied the correct principles and who has . .
CitedLiddell v Middleton CA 1996
The Court was concerned with a traditional road traffic accident in which a pedestrian was injured by a moving car. A question arose as to the admissibility of an expert.
Held: Stuart-Smith LJ stated of the test of admissibility laid down in . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 December 2021; Ref: scu.547005