Barrow & Ors v Merret & Anor [2021] EWHC 792 (QB) (31 March 2021)

Barrow & Ors v Merret & Anor [2021] EWHC 792 (QB) (31 March 2021)

The court found, on the balance of probabilities, that Felix ran across the road into the path of oncoming traffic, slipped, and fell into the path of Mrs Merrett's car, affording her no realistic opportunity to avoid the collision. The evidence of independent witness Mr Gent and the contemporaneous police log corroborated this version. Accordingly, the Defendant was not negligent and not liable for the accident.

Citation
[2021] EWHC 792 (QB)
Parties
Claimant: Master Felix Barrow (by his Litigation Friend and Grandfather Mr Hugh Barrow); Second Claimant: Stuart Barrow; Third Claimant: Vanessa Barrow; First Defendant: Rosemary Merrett; Second Defendant: Liverpool Victoria Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Personal Injury Road Traffic Accident / Trial of Liability Only
Outcome
Claim dismissed
Legal Topics
Negligence, Road Traffic Accidents, Standard of Care, Contributory Negligence, Assessment of Evidence
Tort Law Personal Injury Negligence Road Traffic Accidents Standard of Care Contributory Negligence Assessment of Evidence

Case Brief

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Parties

Master Felix Barrow (by his Litigation Friend and Grandfather Mr Hugh Barrow)

Claimant

Stuart Barrow

Second Claimant

Vanessa Barrow

Third Claimant

Rosemary Merrett

First Defendant

Liverpool Victoria Insurance Company Limited

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial of Liability Only

Legal Issues

  1. 1 Whether the Defendant was negligent in causing the collision with Felix Barrow
  2. 2 Whether Felix Barrow contributed to the accident by his own actions (contributory negligence)

Ratio Decidendi

The court found, on the balance of probabilities, that Felix ran across the road into the path of oncoming traffic, slipped, and fell into the path of Mrs Merrett's car, affording her no realistic opportunity to avoid the collision. The evidence of independent witness Mr Gent and the contemporaneous police log corroborated this version. Accordingly, the Defendant was not negligent and not liable for the accident.

Court Disposition

Claim dismissed

Orders

  • Claim for damages by Felix Barrow dismissed
  • No finding of liability against the Defendants