Moor v Aviva Insurance Ltd & Anor [2023] EWHC 1651 (KB) (29 June 2023)

Moor v Aviva Insurance Ltd & Anor [2023] EWHC 1651 (KB) (29 June 2023)

The Claimant failed to prove on the balance of probabilities that the Defendants' driver was negligent. The evidence established that the Claimant was riding at excessive speed, failed to negotiate a bend, entered the wrong carriageway, and caused the collision. The Defendants' driver took reasonable evasive action. The accident was solely the fault of the Claimant.

Citation
[2023] EWHC 1651 (KB)
Parties
Claimant: Martin Moor; First Defendant: Aviva Insurance Limited; Second Defendant: Midhurst Engineering & Motor Co Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2023
Procedural Posture
Personal Injury Road Traffic Accident / Trial on Preliminary Issue of Liability
Outcome
Claim dismissed
Legal Topics
Negligence, Road Traffic Accidents, Burden of Proof, Standard of Care
Tort Law Personal Injury Negligence Road Traffic Accidents Burden of Proof Standard of Care

Case Brief

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Parties

Martin Moor

Claimant

Aviva Insurance Limited

First Defendant

Midhurst Engineering & Motor Co Ltd

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial on Preliminary Issue of Liability

Legal Issues

  1. 1 Whether the collision was caused by the negligence of the Defendants' driver or the Claimant's own negligence
  2. 2 Whether the Defendants' driver was on the wrong side of the road at the time of collision
  3. 3 Whether the Claimant was riding at excessive speed and failed to keep to his carriageway

Ratio Decidendi

The Claimant failed to prove on the balance of probabilities that the Defendants' driver was negligent. The evidence established that the Claimant was riding at excessive speed, failed to negotiate a bend, entered the wrong carriageway, and caused the collision. The Defendants' driver took reasonable evasive action. The accident was solely the fault of the Claimant.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed with judgment for the Defendants