Percy v Fox

The appeal in *Percy v Fox* concerned an accident between a motor vehicle and a horse being ridden by the respondent. The appellant sought to appeal a decision made by a lower court.

The central legal issues before the court were whether the judge had improperly interfered with the findings of fact made at trial, and how to resolve a conflict in the evidence presented. This conflict arose between the testimony of a police officer who attended the scene of the accident and an expert's report that had been admitted into evidence.

The court allowed the appeal, finding that the judge had erred in their approach to the conflicting evidence. The principles applied focused on the proper weight to be given to expert evidence and the role of the trial judge in assessing factual disputes, particularly when faced with contradictory accounts. The court determined that the judge's interference with the established factual findings was not justified.