Robinson v Barker & Anor [2020] EWHC 3097 (QB) (18 November 2020)

Robinson v Barker & Anor [2020] EWHC 3097 (QB) (18 November 2020)

The court found the claimant's and defendant's evidence unreliable, but preferred the defendant's version as more consistent with the physical and expert evidence. The claimant's and independent witness's accounts were inconsistent with the agreed accident reconstruction evidence. The claim was dismissed and judgment entered for the defendant on the counterclaim.

Citation
[2020] EWHC 3097 (QB)
Parties
Claimant: Allan John Robinson; First Defendant: Dean Jason Barker; Second Defendant: Markerstudy Insurance Services Limited
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Civil Road Traffic Collision / Trial Judgment on Liability
Outcome
Claim dismissed; judgment for defendant on counterclaim (quantum to be decided)
Legal Topics
Road Traffic Accident, Negligence, Liability, Counterclaim
Tort Personal Injury Insurance Road Traffic Accident Negligence Liability Counterclaim

Case Brief

Summary, issues, holding and outcome

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Parties

Allan John Robinson

Claimant

Dean Jason Barker

First Defendant

Markerstudy Insurance Services Limited

Second Defendant

Procedural Posture

Civil Road Traffic Collision / Trial Judgment on Liability

Legal Issues

  1. 1 Whether the collision was caused by the claimant or the defendant
  2. 2 Whether the claimant or defendant's account of the accident is to be preferred
  3. 3 Whether the evidence of the independent witness is reliable

Ratio Decidendi

The court found the claimant's and defendant's evidence unreliable, but preferred the defendant's version as more consistent with the physical and expert evidence. The claimant's and independent witness's accounts were inconsistent with the agreed accident reconstruction evidence. The claim was dismissed and judgment entered for the defendant on the counterclaim.

Court Disposition

Claim dismissed; judgment for defendant on counterclaim (quantum to be decided)

Orders

  • Claim dismissed
  • Judgment entered for defendant on counterclaim; damages to be assessed