||All England Reporter
|| All ER (D) 113 (Oct)
||Court of Appeal, Civil Division
Aldous, Tuckey and Longmore LJJ
||Kieran Coonan QC (instructed by Jackaman Smith & Mulley, Ipswich) for the claimant.
||John Leighton Williams QC (instructed by Moore Blatch, Southampton) for the defendant.
||9 October 2002
Negligence - Highway - Traffic - Defendant colliding with claimant on bicycle - Blood and scratch marks found on carriageway - Witness giving evidence accident having occurred in lay-by - Judge finding accident having occurred in lay-by - Whether judge correct.
On the facts of the instant case, any inferences to be drawn from the position in the carriageway of blood resulting from a road traffic accident where insufficient to overrule the judge's decision to prefer the evidence of a witness who had stated that the accident had occurred in a lay-by, based as it was on the advantage that the judge had had of hearing and seeing the witness give her evidence.
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