Marc Willems KC and Chloe Murray of Cobden House Chambers have succeeded in their appeal to the Court of Appeal in the case of Clements-Siddall v Dunbobbin Hotels Ltd. The Judgment was handed down today. The Claimant was an unborn child at the time of the accident when his mother fell over the unguarded raised edge of a spa jaccuzzi. The Claimant is now profoundly injured. The Grounds of Appeal were firstly that the Judge was wrong to ignore that the location of the fall was an agreed fact thereby removing the location from the issues he had to decide and secondly overturning his finding of fact as to the location of the fall on the basis that he was plainly wrong to make such a finding on the evidence before the Court.
The Appeal succeeded on both grounds. Marc and Chloe were instructed by Glen Whitehead and Bethany Passmore Bailey of Irwin Mitchell Sheffield who provided exceptional support throughout the original trial and the Appeal. The Court of Appeal acknowledged that it is extremely rare to allow an appeal against a finding of fact made a Trial Judge who hears the evidence first hand.