Source: All England Reporter
Publisher Citation: [2010] All ER (D) 87 (Mar)
Neutral Citation: [2010] EWCA Civ 224
Court: Court of Appeal, Civil Division
Judge:

Sedley, Smith and Elias LJJ
Representation Clive Freedman QC and William Latimer-Sayer (instructed by RWPS LLP) for the claimant.
  Andrew Hogarth and Catherine Peck (instructed by Clarke Willmott LLP) for the defendant.
Judgment Dates: 10 March 2010

Catchwords

Damages - Assessment - Further evidence - Significant factor arising after assessment - Court of Appeal's powers - Claimant in collision case receiving substantial sum from defendant's insurers as damages for injury restricting mobility - Insurers subsequently acquiring evidence that claimant significantly recovered - Insurers seeking to appeal damages award on basis of fresh evidence alleging fraud - Claimant contending that matter should be retried - Whether fresh evidence going to issue of fraud should be admitted on appeal - Whether matter should be retried.

The Case

Damages Assessment. The Court of Appeal, Civil Division, held, in circumstances where the defendant insurers in a collision case sought to adduce fresh evidence alleging fraud, that the allegations of fraud needed to be heard as a preliminary issue by the High Court before it could be decided that the award of damages to the claimant could be interfered with.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports