Macleod v Commissioner of Police of the Metropolis [08.07.15]
On 24 March 2010 the Claimant was cycling home when he was hit by a police car travelling at speed to answer an emergency call. He was seriously injured, including injuries to his head, and unable to give evidence. The key factual issue was the pre-impact route taken by the Claimant. At first instance, His Honour Judge McKenna heard lay and expert evidence, including evidence from independent witnesses. He held that the accident was caused by the negligence of the police driver. The Court of Appeal upheld this decision. Where a trial judge had reached a conclusion on the primary facts, it was only in a rare case that the Court of Appeal would interfere.