Britt v Starr

Britt v Starr

The Recorder was entitled to find, on the evidence, that Mr Britt failed to keep a proper lookout and entered Mr Starr's path when it was unsafe, causing the accident. The findings were not perverse, were supported by evidence, and the Recorder gave adequate reasons.

Parties
Appellant: Matthew Britt; Respondent: Dean Starr
Jurisdiction
England and Wales
Judgment Date
17 June 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Negligence, Findings of Fact, Appeals, Road Traffic Accidents
Tort Road Traffic Negligence Findings of Fact Appeals Road Traffic Accidents

Case Brief

Summary, issues, holding and outcome

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Parties

Matthew Britt

Appellant

Dean Starr

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Recorder erred in finding Mr Britt negligent and liable for the accident
  2. 2 Whether the Recorder's findings of fact were perverse or unsupported by evidence
  3. 3 Whether the Recorder gave adequate reasons for his decision

Ratio Decidendi

The Recorder was entitled to find, on the evidence, that Mr Britt failed to keep a proper lookout and entered Mr Starr's path when it was unsafe, causing the accident. The findings were not perverse, were supported by evidence, and the Recorder gave adequate reasons.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed