Smith v Hollocombe [2002] EWCA Civ 906 (18 June 2002)

Smith v Hollocombe [2002] EWCA Civ 906 (18 June 2002)

The judge was entitled to accept the claimant's evidence as honest and reliable, and to attribute sole blame to the deceased motorcyclist for excessive speed. No objective evidence demonstrated the judge's conclusion was wrong. The application for permission to appeal had no reasonable prospect of success.

Source-derived case information.

Citation
[2002] EWCA Civ 906
Parties
Claimant/respondent: Sharron Jacqueline Smith; Defendant/applicant: Patricia Hollocombe (Personal Representative of Paul Hollocombe deceased)
Jurisdiction
England and Wales
Judgment Date
18 June 2002
Procedural Posture
Civil Appeal (renewed Application for Permission to Appeal) / Application for Permission to Appeal From Trial Judgment on Liability
Outcome
Application for permission to appeal refused
Legal Topics
Road Traffic Accident, Negligence, Liability Apportionment, Assessment of Evidence
Tort Personal Injury Road Traffic Accident Negligence Liability Apportionment Assessment of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sharron Jacqueline Smith

Claimant/respondent

Patricia Hollocombe (Personal Representative of Paul Hollocombe deceased)

Defendant/applicant

Procedural Posture

Civil Appeal (renewed Application for Permission to Appeal) / Application for Permission to Appeal From Trial Judgment on Liability

Legal Issues

  1. 1 Whether the trial judge erred in attributing sole liability for the accident to the deceased motorcyclist
  2. 2 Whether the judge failed to consider expert and photographic evidence
  3. 3 Whether the judge failed to address inconsistencies in the claimant's account

Ratio Decidendi

The judge was entitled to accept the claimant's evidence as honest and reliable, and to attribute sole blame to the deceased motorcyclist for excessive speed. No objective evidence demonstrated the judge's conclusion was wrong. The application for permission to appeal had no reasonable prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused