Davies & Ors v Pay
The trial judge's findings were based on fallacious assumptions and questionable evidence, failing to properly consider material facts and inferences; therefore, the judgment cannot stand and must be set aside.
Source-derived case information.
- Parties
- Appellant: Melissa Davies; Appellant: Owen Davies; Appellant: Catryn Davies; Respondent: Wesley Pay
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2010
- Procedural Posture
- Civil Appeal / Appeal From County Court Judgment
- Outcome
- appeal allowed
- Legal Topics
- Negligence, Fatal Accidents, Causation, Appeals
Source-derived case record
Summary, issues, holding and outcome
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Parties
Melissa Davies
Appellant
Owen Davies
Appellant
Catryn Davies
Appellant
Wesley Pay
Respondent
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Legal Issues
- 1 Whether Mr Davies' fatal accident was caused by his own negligence or by Mr Pay's negligent riding
- 2 Whether the trial judge failed to properly consider material evidence and drew fallacious conclusions on causation
Ratio Decidendi
The trial judge's findings were based on fallacious assumptions and questionable evidence, failing to properly consider material facts and inferences; therefore, the judgment cannot stand and must be set aside.
Court Disposition
appeal allowed
Orders
- trial judge's judgment set aside
- case remitted for retrial before a Circuit Judge
Full Case Text
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