We previously discussed the implications of the first instance judgment in McGeer v McIntosh: Paving a safer way for cyclists?
The appeal sought to challenge the Judge’s findings on liability and apportionment. Given that this necessitated arguing that the Judge’s findings on fact and approach to apportionment were outwith a reasonable judicial range, the dismissal of the appeal is unsurprising.
Whilst Lord Justice Treacy indicated that there was no important point of law or principle involved in the case, the decision is instructive and useful for those seeking to act for cyclists in accidents involving HGVs or other large vehicles; regrettably an increasingly common type of accident with often disastrous consequences.
The decision shows the value of expert reconstruction evidence in appropriate cases. Although courts are sometimes reluctant to permit such evidence, in particular following the comments of the Court of Appeal in Liddell v Middleton