The caimant appealed refusal of his claim against the defendant. Each driver claimed to have entered a junction controlled by traffic lights when the lights were at green. The judge had accepted that the driver of the fire engine went through at green, and gave judgment accordingly, but also said that the claimant went through only just after the lights had turned red against him. The claimant said that these findings were inconsistent.
Held: The judge had failed to grapple with the sequencing of the lights, and made inconsistent findings. It was not for the court of appeal to choose between them, and the case was remitted.
[2008] EWCA Civ 157
Bailii
England and Wales
Road Traffic, Negligence
Updated: 20 December 2021; Ref: scu.268700
