The alleged negligent conduct in issue in that case had taken place in 1991.

Ordinarily, it only applies when the plaintiff has little or limited access to the evidence of negligent conduct.

If the plaintiff's negligent conduct contributes to the loss, that should be considered in determining the extent of the defendant's liability.

So a purchase by him of part of a bankrupt's estate was liable to be set aside when the circumstances showed any impropriety or negligent conduct.