It's the Trees Moving that make the Wind Blow

It certainly looks like that is the case. What about deserts and the north and south poles? No trees but windy - well there are lots of trees in the tropical zones all moving about that spreads the wind around. Obvious isn't it.

So what is cause and what is effect. What looks plausible on the surface may not be correct in fact. It is easy to see the trees moving and not recognise the wind.

So how can you be sure about actual cause and the link to actual effect in a construction project? Well the truth is that you can't be absolutely sure because you are never in possession of every fact.

What you have is a bundle of historic records that may be skimpy or voluminous and you must sift out whatever evidence that present as facts to show the cause and another set that demonstrates the effect. And some of it will be contradictory - indicating that the air is moving but the trees are standing still.

Luckily we have the principle of "on the balance of probability" that a case may stand or fall.

Therefore to demonstrate cause and effect it is necessary to balance every piece of evidence and give weight to its content - on both sides of the argument.

That is what the tribunal does so it is good practice to assist it to reach a just and reasonable decision.

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