The claimant cyclist said that the defendant’s coach driver had caught her handlebar causing her to fall and be injured as he passed her on Euston Road. She appealed against a decision that she had not established that the driver was at fault, despite having found the driver’s evidence to be inconsistent. She said that the judge had incorrectly relied on and misinterpreted the CCTV evidence.
Held: The judge had rejected the claimant’s evidence for no good reason. Her error was not a sufficient basis for his conclusion. The CCTV evidence did not show the actual event, and the judge had been wrong to rely on it to overrule her evidence. Though an appeal court will only rarely reverse a judge’s interpretation of the facts and evidence, this was one case where they should, and the appeal succeeded.
Judges:
Ward LJ, Smith LJ, Rimer LJ
Citations:
[2009] EWCA Civ 1250
Links:
Jurisdiction:
England and Wales
Personal Injury, Road Traffic, Negligence
Updated: 20 December 2022; Ref: scu.381577
