Swain v Hillman & Anor [1999] EWCA Civ 3053 (21 October 1999)

Swain v Hillman & Anor [1999] EWCA Civ 3053 (21 October 1999)

The judge adopted the wrong approach by requiring certainty of failure, but correctly concluded that there was a real prospect of success and factual issues requiring trial; summary judgment was not appropriate.

Citation
[1999] EWCA Civ 3053
Parties
Claimant: Paul Swain; Defendant: Mr Hillman; Defendant: Mr Gay
Jurisdiction
England and Wales
Judgment Date
21 October 1999
Procedural Posture
Personal Injury Appeal / Appeal From Summary Judgment Application
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Negligence, Causation
Civil Procedure Personal Injury Summary Judgment Negligence Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Swain

Claimant

Mr Hillman

Defendant

Mr Gay

Defendant

Procedural Posture

Personal Injury Appeal / Appeal From Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted under CPR Part 24
  2. 2 Whether the claimant has a real prospect of success
  3. 3 Whether the defendants were negligent in leaving a plank upright on site

Ratio Decidendi

The judge adopted the wrong approach by requiring certainty of failure, but correctly concluded that there was a real prospect of success and factual issues requiring trial; summary judgment was not appropriate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs for detailed assessment.