Source: All England Reporter
Publisher Citation: [2009] All ER (D) 53 (Jan)
Neutral Citation: [2008] EWCA Civ 1437
Court: Court of Appeal, Civil Division
Judge:

Laws, Carnwath and Richards LJJ
Representation Lee Nowland (instructed by Sheldon Davidson) for the claimant.
  Simon McCann (instructed by DEF LLP) for the defendant.
Judgment Dates: 13 November 2008

Catchwords

Negligence - Damages - Personal injury - Road traffic accident - Claimant's vehicle colliding with defendant's vehicle being driven by its employee - Claimant commencing personal injury proceedings against defendant - Judge preferring evidence of defendant but finding that employee not driving with reasonable care - Whether judge erring.

The Case

Negligence Damages. Court of Appeal, Civil Division: In personal injury proceedings arising out of a road traffic accident between the claimant's vehicle and the defendant's vehicle, which at the time of the collision had been driven by an employee, the judge had erred in finding that the employee had not driven with reasonable care since the negligence on his part had not been proved.

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