Source:	All England Reporter
Publisher Citation:	[2012] All ER (D) 113 (Feb)
Court:	Court of Appeal, Civil Division
Judge:	Sir Andrew Morritt C, Toulson and Tomlinson LJJ (judgment delivered extempore)
Representation	Ashley Pratt (instructed by Wooliscrofts Solicitors) for the claimant.
	William Rankin (instructed by Weightmans LLP) for the defendants.
Judgment Dates:	16 February 2012

Catchwords

Personal injury - Action - Experts' reports - Claimant radio operative making personal injury claim following incident at work - Defendants pleadings relying on noise limiting device in radio headset - Defendants' experts referring to noise limiting device in radio handset - Judge dismissing claim - Whether judge erred in allowing evidence regarding noise limiting device in radio handset to inform findings.

The Case

Personal injury Action. The Court of Appeal, Civil Division, in dismissing the claimant's appeal against the dismissal of her personal injury claim, held that the judge had not erred in allowing evidence to inform his findings which the claimant contended had strayed from the defendants' pleaded case.

Practice Areas

• Dispute Resolution
• Personal Injury

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