Source: All England Reporter
Publisher Citation: [2005] All ER (D) 76 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Smith and Wilson LJJ

Representation Paul Oakley (instructed by the Bar Pro Bono Unit) for the claimant.
  David Platt (instructed by Halliwells, Manchester) for the defendant.
Judgment Dates: 4 November 2005

Catchwords

Negligence - Personal injury - Damages - Claimant appealing against dismissal of action for want of proof - Whether judge should have drawn inference of negligence from circumstances - Whether claimant required to prove negligence on balance of probabilities - Correctness of trial judge's approach.

The Case

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