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ARTICLE · 21 JULY 2015

Sherlock Holmes theory of causation not always correct

These cases reiterate that causation is an intensely factual inquiry, in which simplifications are unlikely to succeed.

New ZealandLitigation, Mediation & Arbitration

Sherlock Holmes, 221B Baker St, London, famously relied on logic to solve his cases, beginning with the principle that once you have eliminated the impossible, "whatever remains, however improbable, must be the truth".

But the UK Court of Appeal in Graves v Brouwer1 has unanimously agreed that it is not always appropriate to apply Sherlock Holmes' reasoning to establish causation.

The case of the flaming embers

The defendant, Mr Brouwer had set light to two A4 size pieces of paper and two A4 size pieces of cardboard in a narrow alleyway which separated his property from his neighbour's, Miss Graves.  Thirty minutes later, Miss Graves' house caught fire.

Miss Graves brought proceedings against Mr Brouwer, alleging that embers from his fire had floated up and ignited combustible material in her roof eaves. 

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