Ievers v Prebble

Ievers v Prebble

There was no evidential basis for the trial judge's finding that the respondent was ahead of the appellant and had not completed her manoeuvre at the traffic lights; thus, there was no basis for apportioning liability to the appellant, who remained in the correct lane throughout.

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
Tort Law Road Traffic Law Negligence Apportionment of Liability Road Traffic Accident

Case Brief

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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. 1 Whether there was evidential basis for apportionment of liability between drivers in a road traffic accident
  2. 2 Whether the trial judge erred in finding both parties negligent

Ratio Decidendi

There was no evidential basis for the trial judge's finding that the respondent was ahead of the appellant and had not completed her manoeuvre at the traffic lights; thus, there was no basis for apportioning liability to the appellant, who remained in the correct lane throughout.

Court Disposition

Appeal allowed

Orders

  • Apportionment of liability set aside; no negligence found against the appellant (Nadine Ievers).