Home / Cases / Jones v TUI (Appeal)

Jones v TUI (Appeal)

14/10/2020

Anthony Johnson represented the Claimant in the successful dismissal of the Defendant’s appeal against the dismissal of its Application to Strike Out a General Surgeon’s evidence in relation to diagnosis on causation in a travel sickness claim on the basis that it was inadmissible due to numerous criticisms of the contents of the expert’s written report and Part 35 Responses.

HHJ Barkley accepted Mr. Johnson’s fundamental contention that issues of the nature that had been raised by the Defendant went to the weight that could be attached to the expert’s evidence, rather than to its admissibility per se. Any issues that the Defendant wished to take with regards to the expert’s methodology could be dealt with by submissions at Trial, rather than by ruling his evidence inadmissible and leaving the Claimant unable to rely upon his evidence summarily.

The Judge accepted that the expert in question could properly be considered as such based upon his clinical experience and research. He believed that there was nothing in the extensive authorities that had been referred to by both sides that narrowed down the test to the level of specificity that had been put forward by the Defendant. He found that the expert “had enough of the relevant knowledge and experience to take him beyond the threshold whereby he can interpret and rely on published medical material to inform his own opinion.

The Judgment can be viewed here.

Related Barristers

Personal Injury
Motor Insurance Fraud
Clinical Negligence
Costs & Litigation Funding
ADR & Mediation
Automated & Electric Vehicles

Anthony Johnson

Call 2006

Read more

Related Practice Areas

Personal Injury

Menu

Close

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)