Davenport v Farrow

Davenport v Farrow

The claimant failed to discharge the burden of proving, on the balance of probabilities, that the bilateral L5 stress fractures occurred in October/November 2004. Evidence indicated fractures were longstanding and predated the relevant period. Without proof of timing, causation and liability do not arise.

Source-derived case information.

Parties
Claimant: Richard Davenport; Defendant: David Farrow
Jurisdiction
England and Wales
Judgment Date
18 March 2010
Procedural Posture
Personal Injury/negligence / Judgment on Preliminary Issue of Liability
Outcome
Claim dismissed
Legal Topics
Negligence, Breach of Contract, Breach of Statutory Duty, Causation, Personal Injury
Tort Contract Sports Law Negligence Breach of Contract Breach of Statutory Duty Causation Personal Injury

Source-derived case record

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Parties

Richard Davenport

Claimant

David Farrow

Defendant

Procedural Posture

Personal Injury/negligence / Judgment on Preliminary Issue of Liability

Legal Issues

  1. 1 When did the bilateral L5 vertebral stress fractures occur?
  2. 2 If they occurred in October/November 2004, was the defendant aware of the symptoms or ought he to have been?
  3. 3 If aware, what steps should the defendant have taken, including investigation?

Ratio Decidendi

The claimant failed to discharge the burden of proving, on the balance of probabilities, that the bilateral L5 stress fractures occurred in October/November 2004. Evidence indicated fractures were longstanding and predated the relevant period. Without proof of timing, causation and liability do not arise.

Court Disposition

Claim dismissed