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Kelly -v- Meegan and Smith -v- Hanaphy

January 2021
Martin Browne and Carina Schauer

Two recent decisions of Justice Barton in the High Court have provided some helpful guidance as to the correct approach to be applied to the assessment of liability in RTA claims where there is a dispute between the parties as to the precise circumstances of the accident (in particular in the context of head-on and side-on collisions), as well as the appropriate apportionment of liability by reference to Section 34 (1) of the Civil Liability Act 1961.

In this article, Martin Browne and Carina Schauer discuss the cases and the decisions. Please click the link below to download the PDF.

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