Robinson v Barker & Anor

Robinson v Barker & Anor

The court found the claimant's and his main witness's evidence unreliable and inconsistent with the physical and expert evidence. The expert evidence, particularly Dr Coley's, supported the defendant's version. On the balance of probabilities, the collision occurred as alleged by the defendant, with the claimant responsible for the accident.

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 / Liability Trial and Judgment
Outcome
Claim dismissed; judgment on counterclaim for amount to be decided by the court.
Legal Topics
Road Traffic Accident, Liability, Negligence, Expert Evidence, Witness Credibility
Tort Insurance Law Road Traffic Accident Liability Negligence Expert Evidence Witness Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Allan John Robinson

Claimant

Dean Jason Barker

First Defendant

Markerstudy Insurance Services Limited

Second Defendant

Procedural Posture

Civil Road Traffic Collision / Liability Trial and Judgment

Legal Issues

  1. 1 Which party was responsible for the road traffic collision on 15 December 2017?
  2. 2 Is the claimant or defendant's version of events more probable based on the evidence?
  3. 3 What is the reliability of the factual and expert witnesses?

Ratio Decidendi

The court found the claimant's and his main witness's evidence unreliable and inconsistent with the physical and expert evidence. The expert evidence, particularly Dr Coley's, supported the defendant's version. On the balance of probabilities, the collision occurred as alleged by the defendant, with the claimant responsible for the accident.

Court Disposition

Claim dismissed; judgment on counterclaim for amount to be decided by the court.

Orders

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