In exceptional cases, a judge conscientiously seeking to decide the issues between the parties might have to conclude ‘I just do not know’.
Judges:
May LJ
Citations:
[1987] 2 All ER, [1998] QB 493
Jurisdiction:
England and Wales
Citing:
Cited – Baker v Market Harborough Co-Operative Society Ltd CA 1953
There was a collision in the centre of a road between two vehicles driven in opposite directions. In two hearings, judges had taken different views of the facts.
Held: The court was sympathetic to the judge who had found that the cause of the . .
Cited – Bray v Palmer CA 1953
The plaintiff was driving his motorcycle. The defendant drove a motor car on the same road in the opposite direction. Each s aid that they weredriving at acceptable speed when the two vehicles collided in the centre of the road. The trial judge . .
Cited by:
Cited – W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc TCC 31-Jul-1998
Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to . .
Cited – Cooper v Floor Cleaning Machines Ltd and Another CA 20-Oct-2003
The judge had heard the evidence from two drivers involved in a road traffic incident. He had declared that he could find no way to prefer the evidence of one over the other. Accordingly neither had proved his or her case on the balance of . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 23 March 2022; Ref: scu.182957