“… judgment the judge recognised the danger in being “overly analytical and scientific when trying to reconstruct the facts of an accident.” In Clayton v Lambert [2009] EWCA Civ 237 Smith LJ at paras 35 to 39 recognised the difficulty for a judge in finding facts when there is paucity of eye-witness evidence. It was recognised that a judge…”
“…ft for a second time. Reliance is placed on these matters. First, the judge fell into what was described as a trap of the kind referred to in Lambert v Clayton [2009] EWCA Civ 237. He elevated what might have been done into a duty. Second, the junction from which the defendant was emerging was not unusual. Visibility in each direction wa…”