Jackson v Qureshi [2002] EWCA Civ 1286 (29 August 2002)

Jackson v Qureshi [2002] EWCA Civ 1286 (29 August 2002)

There was no evidence that the applicant's ability to give evidence was impaired to the extent that it affected the outcome of the trial. The trial judge's apportionment of liability was based on all the evidence and was not open to interference on appeal.

Citation
[2002] EWCA Civ 1286
Parties
Claimant/applicant: Miss Caron Maria Jackson; Defendant/respondent: Mr Hassan Akhtar Qureshi
Jurisdiction
England and Wales
Judgment Date
29 August 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Apportionment of Liability, Road Traffic Accident, Negligence, Appeal Procedure
Tort Personal Injury Apportionment of Liability Road Traffic Accident Negligence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Miss Caron Maria Jackson

Claimant/applicant

Mr Hassan Akhtar Qureshi

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in apportioning liability 50/50 for a road traffic accident
  2. 2 Whether the applicant's medical condition and cross-examination impaired her ability to give evidence, affecting the fairness of the trial

Ratio Decidendi

There was no evidence that the applicant's ability to give evidence was impaired to the extent that it affected the outcome of the trial. The trial judge's apportionment of liability was based on all the evidence and was not open to interference on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.