There had been two fires at a depot owned by the claimants. The fires were found to have been likely to have been caused by the deceased employee. His insurers had repudiated liability saying that the had not been notified oin a timely fashion.
Held: the appeal failed.
Toulson LJ said: ‘The judge’s finding that the cause of the fire was ‘very much less likely’ to have been arcing of the Boa cable than the cigarette end discarded by Mr Nulty was reached after a painstaking examination of the evidence and was properly open to him. Rational analysis of the Boa cable theory showed that it was highly improbable. It would have required a remarkable combination of unlikely events. The objection to the discarded cigarette end theory was of a different nature. There was no comparable scientific or practical improbability about it. Mr Nulty was working alone at the relevant place and time. He had the opportunity and could well have had the temptation to do what the council alleged. The objection to it was that he would not have been expected to behave in such a way, but the circumstantial evidence that he did so on this occasion was compelling.’
Judges:
Longmore, Toulson, Beatson LJJ
Citations:
[2013] EWCA Civ 15
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Milton Keynes Borough Council v Nulty and Others TCC 3-Nov-2011
There had been two fires at depots owned by the claimants. They brought proceedings against an employee, but his insurers repudiated liability saying that they had not been promptly notfied of the claim.
Held: The first fire was caused either . .
Cited – Rhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .
Cited – Kiani v Land Rover Ltd Others CA 28-Jun-2006
Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover . .
Cited – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 13 November 2022; Ref: scu.470553
