Stanley & Anor v Rawlinson & Anor

Stanley & Anor v Rawlinson & Anor

The works carried out by the Rawlinsons prior to the wall's collapse were minor and did not materially affect the wall's stability. The immediate cause of the collapse was high winds acting on an old, poorly maintained, and leaning wall. The Stanleys failed to prove on the balance of probabilities that the Rawlinsons' actions caused or contributed to the collapse. The trial judge's findings of fact and evaluation of expert evidence were justified and should not be disturbed.

Parties
Appellants/claimants: Mr and Mrs Stanley; Respondents/defendants: Mr and Mrs Rawlinson
Jurisdiction
England and Wales
Judgment Date
12 April 2011
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Liability for Property Damage, Easement of Support, Expert Evidence
Tort Property Law Negligence Liability for Property Damage Easement of Support Expert Evidence

Case Brief

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Parties

Mr and Mrs Stanley

Appellants/claimants

Mr and Mrs Rawlinson

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the works carried out by the Rawlinsons caused or materially contributed to the collapse of the Stanleys' wall
  2. 2 Whether the trial judge erred in his findings of fact and evaluation of expert evidence
  3. 3 Whether fresh evidence on wind conditions should be admitted on appeal

Ratio Decidendi

The works carried out by the Rawlinsons prior to the wall's collapse were minor and did not materially affect the wall's stability. The immediate cause of the collapse was high winds acting on an old, poorly maintained, and leaning wall. The Stanleys failed to prove on the balance of probabilities that the Rawlinsons' actions caused or contributed to the collapse. The trial judge's findings of fact and evaluation of expert evidence were justified and should not be disturbed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; trial judgment upheld
  • Application to admit fresh evidence refused