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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Faunch v O'Donoghue & Anor [2013] EWCA Civ 1698 (05 December 2013) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2013/1698.html Cite as: [2013] EWCA Civ 1698 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Strand London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE CHRISTOPHER CLARKE
SIR STANLEY BURNTON
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FAUNCH | Appellant | |
v | ||
O'DONOGHUE AND ANR | Respondent |
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Mr D Herbert (instructed by Moore Blatch Greenwood) appeared on behalf of the Respondent
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"As far as this case is concerned, in my view, if Mr Natt had been asked the question, "If Mr Lister is right about the Corsa indicator and the white line crossing, is this inconsistent with my view as to the collision with rear of the Focus going left to right"; the answer would have been "no" and he would not have been able to unequivocally conclude that the Focus moved from the inside lane to middle lane and the Corsa was never in the outside lane. Accordingly, whilst my view is that Mr Natt's opinion should be accepted as to damage, point of collision and diagram two as to the manner of collision, Mr Natt's opinion does not discount Mr Lister's evidence completely and my decision must depend upon how compelling a witness I think Mr Lister is, notwithstanding, but taking into account, what must have been some misapprehensions at least on the part of Mr Lister in his belief as to what happened."