Source: All England Reporter
Publisher Citation: [2005] All ER (D) 302 (Nov)
Neutral Citation: [2005] EWCA Civ 1420
Court: Court of Appeal, Civil Division
Judge:

Waller, Tuckey and Neuberger LJJ

Representation Marcus Grant (instructed by Fennemores) for the claimant.
  Adam Chippindall (instructed by Guys, Bristol) for the defendant.
Judgment Dates: 23 November 2005

Catchwords

Damages - Assessment - Personal injuries - Expert opinion - Whether judge bound by expert opinion.

The Case

When assessing damages for personal injury, where the expert's opinion was only part of the evidence in a case, especially where, as in the instant case, the defendant chose to conduct their case on the basis that the expert should not be present at trial, the judge was not bound by expert opinion, he had to assess all the evidence, including that of the claimant.

Practice Areas

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