The defendant council appealed a finding of negligence after a dustbinman had been injured when he was struck by a wheelie bin. He had said that a malfunction in the mechanism loading the wheelie bin caused him to be hit by one.
Held: The judge had failed to recount properly his findings on the evidence. Whilst judges were properly encouraged to keep their judgments brief, the parties had to be left in a position to assess how the decision had been reached. A judge does not have to deal with each and every point in issue, but must deal with the fundamental points. There had to be a re-trial.
Judges:
Ward LJ, Keene LJ, Gage LJ
Citations:
Times 15-Nov-2005, [2005] EWCA Civ 1499
Links:
Jurisdiction:
England and Wales
Citing:
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited by:
Cited – Bates v Malyon QBD 10-Oct-2008
The defendant had driven into the rear of the claimant’s car. The claimant appealed dismissal of his claim by the judge who said he had not discharged the burden of proof of negligence.
Held: The appeal failed. The judge had reached a . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety, Litigation Practice
Updated: 04 July 2022; Ref: scu.237491