Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 405 (12 April 2011)

Stanley & Anor v Rawlinson & Anor [2011] EWCA Civ 405 (12 April 2011)

The appeal was dismissed because the trial judge's findings that the groundwork was minor and did not materially affect the wall's stability were supported by the evidence, including expert testimony and photographs. The claimants failed to prove on the balance of probabilities that the respondents' actions caused or contributed to the collapse. The judge's evaluation of expert evidence was not flawed, and there was no basis to admit fresh evidence on appeal.

Citation
[2011] EWCA Civ 405
Parties
Appellants: Stanley & Anr; Respondents: Rawlinson & Anr
Jurisdiction
England and Wales
Judgment Date
12 April 2011
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Easement of Support, Causation, Expert Evidence
Tort Law Property Law Negligence Easement of Support Causation Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stanley & Anr

Appellants

Rawlinson & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendants' groundwork caused or contributed to the collapse of the claimants' wall
  2. 2 Whether the trial judge erred in evaluating expert evidence and causation
  3. 3 Whether fresh evidence on wind conditions should be admitted on appeal

Ratio Decidendi

The appeal was dismissed because the trial judge's findings that the groundwork was minor and did not materially affect the wall's stability were supported by the evidence, including expert testimony and photographs. The claimants failed to prove on the balance of probabilities that the respondents' actions caused or contributed to the collapse. The judge's evaluation of expert evidence was not flawed, and there was no basis to admit fresh evidence on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of the County Court affirmed
  • Application to admit fresh evidence refused