Judge’s job is to judge

Cooper v Law Cleaning Machines Ltd and another CA TLR 24 October

In the claim and counterclaim following a road traffic accident to which there were no independent witnesses and no other evidence corroborative of either party, ‘neither of whom was to be disbelieved’, the judge dismissed both the claim and the counterclaim on the grounds that neither party had discharged the onus of proving negligence against the other. He said he was not prepared ‘to toss a coin’.