Stanley & Anor v Close (t/a Armthorpe Moto Parc)

Stanley & Anor v Close (t/a Armthorpe Moto Parc)

The judge's findings of fact regarding the marshal's inattention and failure to provide adequate warning were evidence-based and within the proper range of conclusions; there is no real prospect of success in overturning these findings on appeal.

Parties
Respondents/claimants: Stanley & Anr; Appellant/defendant: Close t/a Armthorpe Moto Parc
Jurisdiction
England and Wales
Judgment Date
28 October 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Oral Hearing)
Outcome
Application for permission to appeal refused
Legal Topics
Negligence, Occupiers' Liability, Standard of Care, Findings of Fact, Appeals Procedure
Tort Law Personal Injury Negligence Occupiers' Liability Standard of Care Findings of Fact Appeals Procedure

Case Brief

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Parties

Stanley & Anr

Respondents/claimants

Close t/a Armthorpe Moto Parc

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Oral Hearing)

Legal Issues

  1. 1 Whether the trial judge erred in finding liability against the defendant based on the actions of the marshal
  2. 2 Whether the findings of fact by the trial judge could be overturned on appeal

Ratio Decidendi

The judge's findings of fact regarding the marshal's inattention and failure to provide adequate warning were evidence-based and within the proper range of conclusions; there is no real prospect of success in overturning these findings on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused