Restriction of use of expert evidence in RTA claims

Simon Browne KC appeared for the successful Claimant in the Court of Appeal in Taylor v Raspin  [2022] EWCA Civ 1613.

The case concerned a catastrophically injured motorcyclist who was unable to avoid a car emerging from a side road onto the major road. In a judgment handed down on 7th December 2022 the Court of Appeal not only held that the car driver owed a continuing duty to vehicles on the main road but further examined the use and relevance of road traffic reconstruction evidence. In re-affirming its decision in Liddell v Middleton [1996] PIQR P35 CA it repeated that the primary evidence is such cases was that of lay evidence. A driver emerging from a minor road and turning right onto a major road owed a continuing duty to vehicles on the major road. The only relevance of scientific evidence was to provide a range of the speed of the motorcycle and not to enter into theoretical discussion.