||All England Reporter
|| All ER (D) 269 (Nov)
|| EWCA Civ 1383
||Court of Appeal, Civil Division
Chadwick, Smith and Wilson LJJ
||Simon Mallett (instructed by Beresfords LLP) for the claimant.
||Jonathan Waite QC and Catherine Foster (instructed by Halliwells LLP) for the defendant.
||21 November 2005
Negligence - Personal injury - Expert evidence - Hand arm vibration syndrome - Defence expert's opinion that claimant not suffering from syndrome - Claimant's expert changing evidence at trial to agree with defence expert - Whether judge entitled to reject opinion of experts.
Where the claimant was claiming damages in respect of hand arm vibration syndrome the judge had been entitled, in the circumstances of the case, to reject the medical evidence to the effect that the claimant was not suffering from the syndrome.
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