Fosse Motor EngineersLltd & Ors v (1) Condé Nast & National Magazine Distributors Ltd (2) Phoenix Industrial Recruitment Ltd [2008] EWHC 2037 (TCC)

The TCC has confirmed that, where multiple potential causes of a damage causing incident (in this case, a fire) exist, it is not acceptable to rank each possible cause in percentage terms as to possibilities and then select the possibility with the highest percentage as the probable cause. The only circumstances in which that exercise would be legitimate would be where the highest ranked cause was one which, on all the evidence, the judge was satisfied was the probable cause. To read the judgment, please click here.