Source: All England Reporter
Publisher Citation: [2005] All ER (D) 269 (Nov)
Neutral Citation: [2005] EWCA Civ 1383
Court: Court of Appeal, Civil Division
Judge:

Chadwick, Smith and Wilson LJJ

Representation Simon Mallett (instructed by Beresfords LLP) for the claimant.
  Jonathan Waite QC and Catherine Foster (instructed by Halliwells LLP) for the defendant.
Judgment Dates: 21 November 2005

Catchwords

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.

The Case

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.

Practice Areas

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