Drake v Harbour
The appellant's negligence in failing to inspect the reused festoon cable before fitting light sockets was the probable cause of the fire, and alternative explanations were not supported by evidence. The claimant discharged the burden of proof on the balance of probabilities.
- Parties
- Respondent: Hilda Drake; Appellant: Eric Anthony Harbour
- Jurisdiction
- England and Wales
- Judgment Date
- 31 January 2008
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Causation, Res Ipsa Loquitur, Burden of Proof, Professional Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Hilda Drake
Respondent
Eric Anthony Harbour
Appellant
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the appellant's negligence caused the fire and resulting loss
- 2 Whether the doctrine of res ipsa loquitur applied
- 3 Whether the claimant discharged the burden of proof on causation
Ratio Decidendi
The appellant's negligence in failing to inspect the reused festoon cable before fitting light sockets was the probable cause of the fire, and alternative explanations were not supported by evidence. The claimant discharged the burden of proof on the balance of probabilities.
Court Disposition
Appeal dismissed
Orders
- Judgment for the claimant for £104,841.63 against the first defendant
- No judgment against the second defendant
Full Case Text
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