Tuesday 24 October 2023
By Appellant’s Notice filed on 6 February 2023, the Claimant appeals the order dated 18 January 2023 of HHJ Sephton KC, sitting as a High Court Judge in the King’s Bench Division, Manchester District Registry.
He gave judgment for the Defendant on the issue of breach of duty and made a consequential QOCS costs order.
Issue: whether it was open to the trial judge to make a finding of fact that contradicted an agreed fact, to disregard evidence that supported that agreed fact and to give undue weight to evidence that went against the agreed fact.
The case concerns an accident in which the Appellant’s mother was a guest at a hotel owned by the Respondent. The mother had a fall in the spa area of the hotel and fell against some steps which, it is alleged, caused serious injury to her unborn child.