This was a road traffic accident claim where the Claimant and Defendant were each riding motorcycles along a single lane road but travelling in opposite directions. The facts of the accident were that they hit each other somewhere on the carriageway, each sustaining right-sided injuries. The question for the Court was which rider was on the wrong side of the road and therefore who was to blame for the accident. In the alternative the question was did they meet in the middle of the road and, therefore, both share some of the blame.

Both sides instructed accident reconstruction experts to examine the forensic evidence available at the scene. Further, there was lay witness evidence from each motorcyclist (essentially neither of whom could remember the entirety of the accident) plus some lay witnesses who saw the events leading up to the accident and indeed the aftermath.