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 erred in inferring that the defendant's negligence caused the fire and the claimant's injuries; there was no evidential basis to link the poor maintenance to the fire, and the cause of the fire remained unknown. The requirements for res ipsa loquitur were not satisfied as there was no evidence that the defendant's negligence caused the occurrence.

Citation
[2017] EWHC 1651 (QB)
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 County Court
Outcome
Appeal allowed; claim dismissed
Legal Topics
Negligence, Res Ipsa Loquitur, Employer's Liability, Causation
Tort Law Personal Injury Negligence Res Ipsa Loquitur Employer's Liability Causation

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 3 Party arguments 2
Sign in to unlock

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 County Court

Legal Issues

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

Ratio Decidendi

The judge erred in inferring that the defendant's negligence caused the fire and the claimant's injuries; there was no evidential basis to link the poor maintenance to the fire, and the cause of the fire remained unknown. The requirements for res ipsa loquitur were not satisfied as there was no evidence that the defendant's negligence caused the occurrence.

Court Disposition

Appeal allowed; claim dismissed

Orders

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