145.It follows from the above that the Claimants’ Claims must be dismissed and there will be judgment for the Defendants in each of the five sets of proceedings. Although limited breaches of duty have been established, it has not been established to anywhere near the requisite standard of proof that such breaches caused fires in any of the cases .
Counsel for the Defendants reminded me, properly, that these five cases have not been in the nature of a public enquiry. In a public enquiry, the tribunal might well have called for much more and different evidence to that which was deployed. A Court can usually only base its decision on the case as put in the pleadings and on the evidence which is actually deployed in front of it. It may be however that the electrical distribution and supply industries may feel, at least in respect of the findings in this case, that they need actively to consider what the impact of ageing generations of cut-outs will be as time marches on.
145.It follows from the above that the Claimants’ Claims must be dismissed and there will be judgment for the Defendants in each of the five sets of proceedings. Although limited breaches of duty have been established, it has not been established to anywhere near the requisite standard of proof that such breaches caused fires in any of the cases .
Counsel for the Defendants reminded me, properly, that these five cases have not been in the nature of a public enquiry. In a public enquiry, the tribunal might well have called for much more and different evidence to that which was deployed. A Court can usually only base its decision on the case as put in the pleadings and on the evidence which is actually deployed in front of it. It may be however that the electrical distribution and supply industries may feel, at least in respect of the findings in this case, that they need actively to consider what the impact of ageing generations of cut-outs will be as time marches on.
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