Bates v Malyon: QBD 10 Oct 2008

The defendant had driven into the rear of the claimant’s car. The claimant appealed dismissal of his claim by the judge who said he had not discharged the burden of proof of negligence.
Held: The appeal failed. The judge had reached a conclusion as to the facts. In a fast track case such as this it was wrong to criticise the judge for failing to answer every point of fact raised.

Walker J
[2008] EWHC 2386 (QB)
England and Wales
CitedStephens and Another v Cannon and Another CA 14-Mar-2005
The claimants had purchased land from the defendants. The contract was conditional on a development which did not take place. The master had been presented with very different valuations of the property.
Held: The master was not entitled to . .
CitedBaird v Thurrock Borough Council CA 7-Nov-2005
The defendant council appealed a finding of negligence after a dustbinman had been injured when he was struck by a wheelie bin. He had said that a malfunction in the mechanism loading the wheelie bin caused him to be hit by one.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Road Traffic, Negligence

Updated: 10 November 2021; Ref: scu.276808