Stanley & Anor v Close (t/a Armthorpe Moto Parc) [2009] EWCA Civ 1204 (28 October 2009)

Stanley & Anor v Close (t/a Armthorpe Moto Parc) [2009] EWCA Civ 1204 (28 October 2009)

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

Citation
[2009] EWCA Civ 1204
Parties
Respondent/claimant: Stanley; Respondent/claimant: Mason; Appellant/defendant: Close t/a Armthorpe Moto Parc
Jurisdiction
England and Wales
Judgment Date
28 October 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Occupiers' Liability, Negligence, Standard of Care, Sports Injuries
Tort Law Personal Injury Occupiers' Liability Negligence Standard of Care Sports Injuries

Case Brief

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Parties

Stanley

Respondent/claimant

Mason

Respondent/claimant

Close t/a Armthorpe Moto Parc

Appellant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant was liable for injuries sustained by claimants due to alleged inadequate marshalling and flagging at a motocross track
  2. 2 Whether the trial judge's findings of fact regarding the marshalling and causation 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 based on evidence and within the proper range of conclusions open to him; there was no real prospect of success in overturning these findings on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused