Smyth v St Andrews Insurance Plc

Smyth v St Andrews Insurance Plc

The trial judge's use of 'compelling evidence' did not improperly raise the evidentiary threshold; the evidence for arson was weak and the conclusion that the fire was caused by a negligently discarded cigarette was justified on the balance of probabilities.

Parties
Appellant: Smyth; Respondent: St Andrews Insurance PLC
Jurisdiction
England and Wales
Judgment Date
30 January 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Burden of Proof, Standard of Evidence, Arson, Insurance Claims
Insurance Law Civil Procedure Burden of Proof Standard of Evidence Arson Insurance Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Smyth

Appellant

St Andrews Insurance PLC

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge applied the correct standard of proof in determining the cause of fire
  2. 2 Whether findings of fact regarding arson and negligence were permissible

Ratio Decidendi

The trial judge's use of 'compelling evidence' did not improperly raise the evidentiary threshold; the evidence for arson was weak and the conclusion that the fire was caused by a negligently discarded cigarette was justified on the balance of probabilities.

Court Disposition

application refused

Orders

  • permission to appeal is denied