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Christine Smith v Barry Kempson [2011], EWHC 2680 (QB) 21/10/11


The Appellant submitted that the judge had failed to make findings about what a motorist failed to do or did which constituted a breach of duty after she was found negligent for pulling out from a minor road into a motorcyclist. It was held that the judge had directed herself correctly when she had found on the balance of probabilities that the driver had driven below the standards of a reasonable driver, with it significant that she had found that the motorcyclist was not culpable of driving below the reasonable standards of a motorcyclist. Though the judge did not make a specific finding of what it was that the motorist did or did not do which was negligent, which the trial judge should have done, it did not preclude the trial judge from reaching a conclusion that the motorist had failed to reach the high standard of care required. It was open to a judge to conclude that a person had acted in breach of the standard of care, even if the judge was unable to say, or had not said, precisely what action or omis sion constituted the fault.