Addis & Ors v Campbell & Anor

Addis & Ors v Campbell & Anor

There was no evidence that the respondents could have foreseen a risk of injury from Taz, nor any prior incidents indicating such risk. The Recorder's findings on negligence were correct, and the requirements for establishing negligence were not met. The issue of bias did not need to be determined as the appeal failed on the merits of negligence.

Parties
Appellants: Sara Addis, Marcus Addis and Tracey Pearce (as personal representatives of Brian Addis deceased); Respondent: Debbie Campbell; Respondent: George Leaman
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Negligence, Judicial Bias, Animal Liability
Tort Law Negligence Judicial Bias Animal Liability

Case Brief

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Parties

Sara Addis, Marcus Addis and Tracey Pearce (as personal representatives of Brian Addis deceased)

Appellants

Debbie Campbell

Respondent

George Leaman

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment on Liability

Legal Issues

  1. 1 Whether the trial judge should have recused herself for apparent bias
  2. 2 Whether the respondents were negligent in relation to the accident involving Mr Brian Addis

Ratio Decidendi

There was no evidence that the respondents could have foreseen a risk of injury from Taz, nor any prior incidents indicating such risk. The Recorder's findings on negligence were correct, and the requirements for establishing negligence were not met. The issue of bias did not need to be determined as the appeal failed on the merits of negligence.

Court Disposition

Appeal dismissed