Source: All England Reporter
Publisher Citation: [2001] All ER (D) 208 (Feb)
Court: Queen's Bench Division

Walter Aylen QC (sitting as a deputy judge of the High Court)

Representation Mr Pugh and Daniel Bennett (instructed by Leigh, Day & Co, Manchester) for the claimant.
  Howard Palmer QC and Clare Brown (instructed by Watmores, London) for the defendant.
Judgment Dates: 19 February 2001


Breach of statutory duty - Negligence - Personal injury - Claimant tenant of premises owned by the defendant - Defective boiler - Whether claimant suffering brain damage as a result of carbon monoxide poisoning caused by defective boiler - .

The Case

On the evidence, on the balance of probabilities the claimant had not suffered from carbon monoxide poisoning but had attributed unconnected symptoms to the potential danger of a defective boiler.

Practice Areas

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