QUEEN'S BENCH DIVISION
LEEDS DISTRICT REGISTRY
ON APPEAL FROM HER HONOUR JUDGE SARAH RICHARDSON
SITTING AT THE KINGSTON-UPON-HULL COUNTY COURT
1 Oxford Row, Leeds LS1 3BG |
||
B e f o r e :
____________________
Martyn Clarke |
Claimant |
|
- and - |
||
Hull City Council |
Defendant |
____________________
Daniel Edwards (instructed by Plexus Law) for the Defendant and Appellant
Hearing date: 26 February 2019
____________________
Crown Copyright ©
Mr Justice Dingemans:
Introduction
Issues on the appeal
Proceedings at the trial
The judgment
Legal principles to be applied by appellate courts when reviewing findings of fact
Judge entitled to find that Mr Clarke was repeatedly kicked
Judge entitled to find a breach of duty
Relevant principles of law relating to causation
Relevant principles of law relating to concessions made by a party
Judge right to make implicit finding of causation
Conclusion