Ievers v Prebble [2010] EWCA Civ 1615 (27 October 2010)
There was no evidential basis for the trial judge's finding that the claimant was ahead of the defendant and had not completed her manoeuvre at the traffic lights; therefore, there was no basis for apportioning liability to the defendant, who remained in the correct lane throughout. The appeal was allowed and the defendant was found not negligent.
- Citation
- [2010] EWCA Civ 1615
- Parties
- Defendant/appellant: Nadine Ievers; Claimant/respondent: Angela Prebble
- Jurisdiction
- England and Wales
- Judgment Date
- 27 October 2010
- Procedural Posture
- Civil Appeal / Appeal From County Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Negligence, Apportionment of Liability, Road Traffic Accident, Findings of Fact, Appeals on Fact
Case Brief
Summary, issues, holding and outcome
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Parties
Nadine Ievers
Defendant/appellant
Angela Prebble
Claimant/respondent
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Legal Issues
- 1 Whether there was evidential basis for apportionment of liability between drivers in a road traffic accident
- 2 Whether the trial judge's findings of fact were justified by the evidence
Ratio Decidendi
There was no evidential basis for the trial judge's finding that the claimant was ahead of the defendant and had not completed her manoeuvre at the traffic lights; therefore, there was no basis for apportioning liability to the defendant, who remained in the correct lane throughout. The appeal was allowed and the defendant was found not negligent.
Court Disposition
Appeal allowed
Orders
- Apportionment of liability against the appellant set aside
- Defendant found not negligent
Full Case Text
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