Civil Litigation

(i) A challenge to the judge’s findings of fact, where the challenge is simply based on the submission that the judge erred in preferring the evidence of one of the experts to that of the other, should be upheld only if it could be said that the judge’s conclusion was clearly wrong.

(ii) In applying the test in s 1(1) of the of the Law Reform (Contributory Negligence) Act 1945, it is necessary to have regard both to blameworthiness and to “causal potency”. Moreover, it has often been said in the context of contributory negligence that the courts should adopt a broad common sense approach.