Sahib Foods v Sands

Sahib Foods v Sands

The appeal on liability is dismissed, but the appeal on contributory negligence is allowed, reducing recoverable damages by two-thirds. Costs are reserved with liberty to apply, and permission to appeal to the House of Lords is refused.

Parties
Claimant/respondent: Sahib Foods (in Liquidation); Defendant/appellant: Paskin Kyriakides Sands
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal
Outcome
appeal on liability dismissed; appeal on contributory negligence allowed; damages reduced by two-thirds; costs reserved; permission to appeal refused
Legal Topics
Contributory Negligence, Damages, Costs, Appeal Procedure
Civil Procedure Tort Contributory Negligence Damages Costs Appeal Procedure

Case Brief

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Parties

Sahib Foods (in Liquidation)

Claimant/respondent

Paskin Kyriakides Sands

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal

Legal Issues

  1. 1 Whether the defendant/appellant was liable for the spread of fire
  2. 2 Whether contributory negligence should reduce the claimant/respondent's damages
  3. 3 Appropriate order as to costs

Ratio Decidendi

The appeal on liability is dismissed, but the appeal on contributory negligence is allowed, reducing recoverable damages by two-thirds. Costs are reserved with liberty to apply, and permission to appeal to the House of Lords is refused.

Court Disposition

appeal on liability dismissed; appeal on contributory negligence allowed; damages reduced by two-thirds; costs reserved; permission to appeal refused

Orders

  • Appeal on liability dismissed
  • Appeal on contributory negligence allowed