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

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


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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