“Gestmin was not setting down a fixed rule of interpretation applicable to all commercial cases, let alone all cases in which there is a dispute of fact. Each case remains to be determined in its particular context on its particular facts. One can well imagine how the observations serve as an essential guide to the approach to be adopted in a commercial case in which there is a substantial amount of documentation, an 'electronic footprint', detailing contemporaneously what the parties said and thought in meetings about the relevant transactions. This is plainly not such a case. Neither the small amount of documentation generated in the immediate aftermath of the accident, nor the 'objective' evidence such as damage to the car, debris, injury etc provide any form of forensic heuristic entitling the Court to overlook the importance of eyewitness evidence. The evidence of eyewitnesses to a single event such as a collision is almost always likely to be highly relevant to the assessment of what occurred, and certainly is here”
“With regard to Dr Quinn's management, he elicited a history which was suggestive that the palpitations were pathological rather than just related to anxiety in that he noted nausea. He was also concerned enough about the palpitations to order tests to exclude a phaeochromocytoma …”