MacLeod v The Commissioner of Police for the Metropolis [2015] EWCA Civ 688 (08 July 2015)

MacLeod v The Commissioner of Police for the Metropolis [2015] EWCA Civ 688 (08 July 2015)

The trial judge's findings that the claimant was cycling north up Southgate Road and was struck from behind by a police car driven negligently at excessive speed were supported by reliable evidence and expert analysis; the Commissioner failed to demonstrate any error warranting appellate intervention.

Citation
[2015] EWCA Civ 688
Parties
Claimant/respondent: Donald MacLeod (a protected party suing by his litigation friend Barbara MacLeod); Defendant/appellant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
08 July 2015
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Road Traffic Accident, Appellate Review, Police Liability
Tort Personal Injury Civil Procedure Negligence Road Traffic Accident Appellate Review Police Liability

Case Brief

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Parties

Donald MacLeod (a protected party suing by his litigation friend Barbara MacLeod)

Claimant/respondent

The Commissioner of Police for the Metropolis

Defendant/appellant

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge's findings of fact regarding the claimant's route and the police driver's negligence were against the weight of evidence
  2. 2 Whether the judge erred in rejecting expert evidence on accident reconstruction
  3. 3 Whether the judge made unsupported findings about the claimant's actions prior to collision

Ratio Decidendi

The trial judge's findings that the claimant was cycling north up Southgate Road and was struck from behind by a police car driven negligently at excessive speed were supported by reliable evidence and expert analysis; the Commissioner failed to demonstrate any error warranting appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • No interference with trial judge's findings
  • Commissioner remains liable for negligence