The 'Back Door' to appeal on Question of Facts

The Article : Appeal based Factual Precedent

A part of Arthur J S Hall & Co v Simons (the removal of immunity to barristers in cases of professional negligence; Torts) which we never saw or for some of us, i.e. me, was never able to make sense out of it.

An interesting quote to ponder:

"The way the distinction is drawn between law and fact is another of those historical hangovers which plagues English law."

Couldn't be more true. On a seperate note, have anyone noticed that some local judgment has a deficiency in ratio decidendi?