![[2025] EWHC 1844 (KB)](https://backend.juristeca.com/files/emisores/logo_AJKZXmE.png){kind=logo}
The Issues
The Issues
This was the trial of liability. The Defendant admits a duty of care was owed to the Claimant. The local standard of care applicable in Finland was agreed between the Finnish experts (Mr Klammer and Mr Leinonen). The issues are as follows:
Breach
Did the Defendant breach the standard of care when briefing the Claimant on how to operate the SM?
Did the Defendant breach the standard of care when switching the SM to Standard mode after 1-2 minutes of riding?
Did the Defendant breach the standard of care owed to the Claimant by failing to guide him round the track safely?
Causation
Did any breaches by the Defendant cause the Claimant to run off the track and hit the tree?
Contributory negligence
If the Defendant was negligent (or in breach of contract), did the Claimant contribute by his own negligence to the accident and his injuries? If so in what proportion?
- Heading
- The Parties
- Bundles
- Summary
- The Issues
- Definition of terms used
- PAP letters, pleadings and the chronology of the action
- Documentary evidence
- The witness evidence
- Agreed evidence
- Evidence on paper
- The Claimant’s evidence
- The Defendant’s evidence
- The expert evidence
- Snowmobile operation and guiding
- Assessment of the expert evidence on snowmobile operation and guiding
- Assessment of the accident reconstruction expert witnesses
- Assessment of the credibility of the Claimant, Miss Mealor, AP and Mr Satta
- Findings of fact
- Applying the law to the facts
- Conclusions