Source: All England Reporter
Publisher Citation: [2008] All ER (D) 187 (Dec)
Neutral Citation: [2008] EWCA Civ 1422
Court: Court of Appeal, Civil Division
Judge:

Sir Mark Potter P, Arden and Hughes LJJ
Representation Douglas Cooper (instructed by Mellor & Jackson) for the claimant.
  Simon Plaut (instructed by DLA Piper UK LLP) for the defendant.
Judgment Dates: 17 December 2008

Catchwords

Negligence - Duty to take care - Breach of duty - Burden of proof - Evidential burden - Accident not one that would ordinarily have occurred if defendants had complied with duty - Absence of explanation by defendants showing that they had complied with duty - Claimant injured by mobile football goal falling on him - Judge declining to infer that defendant's system was inadequate in failing to detect and correct absence of security measure - Whether judge erring.

The Case

Negligence Duty to take care. Court of Appeal, Civil Division: The appeal of the claimant against the dismissal of his action against the defendant in respect of the breach of its duty in respect of a mobile football goal was allowed as the judge had erred in failing to draw an inference from the facts he had found.

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