PT Civil Engineering v Davies [2017] EWHC 1651 (QB) (30 June 2017)

PT Civil Engineering v Davies [2017] EWHC 1651 (QB) (30 June 2017)

The judge was not entitled to infer, on the facts as found, that the fire was caused by the defendant's negligence. There was no evidential link between poor maintenance and the fire, and the cause of the fire remained unknown. The requirements for res ipsa loquitur were not satisfied to establish liability against the defendant.

Citation
[2017] EWHC 1651
Parties
Appellant/defendant: PT Civil Engineering; Respondent/claimant: Paul Barry Davies
Jurisdiction
England and Wales
Judgment Date
30 June 2017
Procedural Posture
Appeal (personal Injury Negligence) / High Court (queen's Bench Division) on Appeal From Cardiff County Court
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Negligence, Res Ipsa Loquitur, Causation, Employer's Liability, Burden of Proof
Tort Law Personal Injury Negligence Res Ipsa Loquitur Causation Employer's Liability Burden of Proof

Case Brief

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Parties

PT Civil Engineering

Appellant/defendant

Paul Barry Davies

Respondent/claimant

Procedural Posture

Appeal (personal Injury Negligence) / High Court (queen's Bench Division) on Appeal From Cardiff County Court

Legal Issues

  1. 1 Whether the judge was entitled to infer that the defendant's negligence caused the fire and resulting injuries
  2. 2 Whether the doctrine of res ipsa loquitur applied to infer negligence from the unexplained fire

Ratio Decidendi

The judge was not entitled to infer, on the facts as found, that the fire was caused by the defendant's negligence. There was no evidential link between poor maintenance and the fire, and the cause of the fire remained unknown. The requirements for res ipsa loquitur were not satisfied to establish liability against the defendant.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • Judgment for the claimant set aside.
  • Order for costs against the defendant set aside.