Graves v Brouwer

Graves v Brouwer

The claimant failed to discharge the burden of proof on causation due to significant gaps in evidence and lack of adequate forensic investigation; the judge's reasoning was flawed in relying on an expert's answer as determinative. The defendant was not negligent as he took appropriate precautions and the fire was small and controlled.

Parties
Claimant/appellant: Ms Lydia Graves; Defendant/respondent: Mr Marinus Gerardus Brouwer
Jurisdiction
England and Wales
Judgment Date
18 June 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Causation, Burden of Proof, Escape of Fire, Duty of Care
Tort Negligence Causation Burden of Proof Escape of Fire Duty of Care

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Parties

Ms Lydia Graves

Claimant/appellant

Mr Marinus Gerardus Brouwer

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimant proved causation on the balance of probabilities
  2. 2 Whether the defendant was negligent in setting the fire

Ratio Decidendi

The claimant failed to discharge the burden of proof on causation due to significant gaps in evidence and lack of adequate forensic investigation; the judge's reasoning was flawed in relying on an expert's answer as determinative. The defendant was not negligent as he took appropriate precautions and the fire was small and controlled.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Claim dismissed
  • No finding of negligence against defendant