The appellants challenged a jury verdict arising from a construction site injury at a partly-built house, arguing errors in the causation charge, occupiers' liability analysis, trial management, jury instructions, and refusal to permit further objections.
The Court of Appeal held that the trial judge's causation charge properly reflected the but-for framework and the apportionment scheme under the Negligence Act, and in any event no substantial wrong or miscarriage of justice occurred.
The court also held that the jury's finding that the site was secure did not preclude liability because the workers had been told defects needed to be fixed and could only do so by entering the site.
Complaints about judicial interventions, the summary of evidence, and the proposed fresh evidence were rejected.
The appeal was dismissed with costs.
