Nulty & Ors v Milton Keynes Borough Council

Nulty & Ors v Milton Keynes Borough Council

The trial judge was entitled to find, after detailed analysis of expert evidence and probabilities, that the discarded cigarette end by Mr Nulty was the most probable cause of the fire. The judge's factual findings were properly open to him and the council discharged the burden of proof. There was no error of law affecting the outcome, as the judge's reasoning was consistent with established principles of causation and proof.

Parties
Appellant: Michael Nulty (deceased); Appellant: Wing Bat Security Limited (formerly DBI Support Services Limited); Appellant: National Insurance and Guarantee Corporation Limited; Respondent: Milton Keynes Borough Council
Jurisdiction
England and Wales
Judgment Date
24 January 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Causation, Burden of Proof, Negligence, Balance of Probabilities, Fire Damage, Professional Indemnity
Tort Insurance Civil Procedure Causation Burden of Proof Negligence Balance of Probabilities Fire Damage +1 more

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Parties

Michael Nulty (deceased)

Appellant

Wing Bat Security Limited (formerly DBI Support Services Limited)

Appellant

National Insurance and Guarantee Corporation Limited

Appellant

Milton Keynes Borough Council

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in law in his approach to causation
  2. 2 Whether the trial judge erred in fact in evaluating the probabilities of rival causes of fire
  3. 3 Whether the council discharged the burden of proof against Mr Nulty

Ratio Decidendi

The trial judge was entitled to find, after detailed analysis of expert evidence and probabilities, that the discarded cigarette end by Mr Nulty was the most probable cause of the fire. The judge's factual findings were properly open to him and the council discharged the burden of proof. There was no error of law affecting the outcome, as the judge's reasoning was consistent with established principles of causation and proof.

Court Disposition

appeal dismissed

Orders

  • Judgment for Milton Keynes Borough Council
  • No retrial ordered