MacLeod v The Commissioner of Police for the Metropolis

MacLeod v The Commissioner of Police for the Metropolis

The trial judge was entitled to rely on the evidence of certain witnesses and the physical/expert evidence to find that the claimant was cycling north up Southgate Road and was hit from behind by the police car; the alternative scenarios advanced by the appellant were speculative and unsupported; the judge's findings were not against the weight of evidence and no error of law or fact was demonstrated.

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
Civil Appeal / Appeal From High Court (liability Only Trial) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Road Traffic Accidents, Appellate Review of Facts, Police Liability
Tort Law Personal Injury Civil Procedure Negligence Road Traffic Accidents Appellate Review of Facts 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

Civil Appeal / Appeal From High Court (liability Only Trial) to Court of Appeal

Legal Issues

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

Ratio Decidendi

The trial judge was entitled to rely on the evidence of certain witnesses and the physical/expert evidence to find that the claimant was cycling north up Southgate Road and was hit from behind by the police car; the alternative scenarios advanced by the appellant were speculative and unsupported; the judge's findings were not against the weight of evidence and no error of law or fact was demonstrated.

Court Disposition

Appeal dismissed