The claimant was a child walking along a grass verge at the side of the road when he was struck by an oncoming bus and sustained a shoulder injury. There were no witnesses but the police report confirmed that there was no evidence that the bus had left the carriageway. The defendant insurers inferred that the child had stepped into the roadway and denied liability. In the absence of any evidence, following lengthy negotiations with the insurers, the case was settled on a 50/50 split liability basis.
Counsel appearing for the child claimant at the subsequent Court Approval advised that in his opinion the agreed settlement was far better than should have been awarded in his assessment of the evidence.