Ide v ATB Sales Ltd & Anor

Ide v ATB Sales Ltd & Anor

Where the trial judge is presented with two or more non-improbable causes and, on the evidence, eliminates all but one, it is permissible to find that the remaining cause is the probable cause of the loss. The judges in both appeals did not err in law or reasoning; they did not apply a process of elimination among improbable causes, but properly found, on the balance of probabilities, that a defect in the product caused the damage.

Parties
Respondent: Alan Peter Ide; Appellant: ATB Sales Ltd; Appellant: Lexus Financial Services T/A Toyota Financial Services (UK) PLC; Respondent: Sandra Russell
Jurisdiction
England and Wales
Judgment Date
28 April 2008
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court and County Court
Outcome
Appeals dismissed
Legal Topics
Causation, Defective Products, Burden of Proof, Consumer Protection Act 1987
Product Liability Tort Law Consumer Protection Causation Defective Products Burden of Proof Consumer Protection Act 1987

Case Brief

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Parties

Alan Peter Ide

Respondent

ATB Sales Ltd

Appellant

Lexus Financial Services T/A Toyota Financial Services (UK) PLC

Appellant

Sandra Russell

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court and County Court

Legal Issues

  1. 1 Whether the trial judges applied the correct legal test for causation where alternative mechanisms were advanced
  2. 2 Whether the claimants proved on a balance of probabilities that a defect caused the damage

Ratio Decidendi

Where the trial judge is presented with two or more non-improbable causes and, on the evidence, eliminates all but one, it is permissible to find that the remaining cause is the probable cause of the loss. The judges in both appeals did not err in law or reasoning; they did not apply a process of elimination among improbable causes, but properly found, on the balance of probabilities, that a defect in the product caused the damage.

Court Disposition

Appeals dismissed

Orders

  • Appeal by ATB Sales Ltd dismissed; judgment for Alan Peter Ide upheld.
  • Appeal by Lexus Financial Services/Toyota Financial Services dismissed; judgment for Sandra Russell upheld.