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 his witness's accounts unreliable and inconsistent with the physical and expert evidence. The expert evidence, particularly that of Dr Coley, supported the defendant's version that the claimant executed a U-turn into the defendant's path. On the balance of probabilities, the collision occurred as alleged by the defendant, not the claimant.

Citation
[2020] EWHC 3097
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 Personal Injury / Trial Judgment on Liability
Outcome
Claim dismissed; judgment for defendant on counterclaim (quantum to be determined)
Legal Topics
Road Traffic Collision, Negligence, Liability, Accident Reconstruction, Witness Credibility
Tort Personal Injury Road Traffic Road Traffic Collision Negligence Liability Accident Reconstruction 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 Personal Injury / Trial Judgment on Liability

Legal Issues

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

Ratio Decidendi

The court found the claimant's and his witness's accounts unreliable and inconsistent with the physical and expert evidence. The expert evidence, particularly that of Dr Coley, supported the defendant's version that the claimant executed a U-turn into the defendant's path. On the balance of probabilities, the collision occurred as alleged by the defendant, not the claimant.

Court Disposition

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

Orders

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