Barrow & Ors v Merret & Anor

Barrow & Ors v Merret & Anor

The most probable series of events is 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 claimants failed to establish that Mrs Merrett was legally responsible for the accident.

Parties
Claimant: Master Felix 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
Civil Road Traffic Accident Liability / Judgment After Trial of Liability Alone
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

Claimant

Stuart Barrow

Second Claimant

Vanessa Barrow

Third Claimant

Rosemary Merrett

First Defendant

Liverpool Victoria Insurance Company Limited

Second Defendant

Procedural Posture

Civil Road Traffic Accident Liability / Judgment After Trial of Liability Alone

Legal Issues

  1. 1 Whether the Defendant was at fault for the collision resulting in injury to Felix Barrow
  2. 2 Whether Felix Barrow contributed to the accident in a legally relevant way

Ratio Decidendi

The most probable series of events is 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 claimants failed to establish that Mrs Merrett was legally responsible for the accident.

Court Disposition

Claim dismissed