Collier v Crapper [2001] EWCA Civ 232 (9 February 2001)

Collier v Crapper [2001] EWCA Civ 232 (9 February 2001)

The judge's findings that the defendant was solely liable for the accident were within the parameters of the evidence and not plainly wrong; there was no evidential basis to find contributory negligence by the claimant.

Citation
[2001] EWCA Civ 232
Parties
Claimant/respondent: Anthony John Collier; Defendant/applicant: Paul Llewellyn Crapper
Jurisdiction
England and Wales
Judgment Date
09 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Appeal Procedure
Tort Personal Injury Road Traffic Negligence Contributory Negligence Road Traffic Accident Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony John Collier

Claimant/respondent

Paul Llewellyn Crapper

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge's finding of sole liability against the defendant was against the weight of evidence
  2. 2 Whether the claimant was guilty of contributory negligence

Ratio Decidendi

The judge's findings that the defendant was solely liable for the accident were within the parameters of the evidence and not plainly wrong; there was no evidential basis to find contributory negligence by the claimant.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed