Hodgson v. Kinley
Anthony Johnson (instructed by Patrick Maguire of Silverbeck Rymer) acted for the successful Claimant in an appeal against a trial judge’s decision to dismiss a claim where it had been found that the Claimant sustained some injury in the index accident but some injury in a previous accident, and where the medical evidence did not distinguish between the two.
The basis of the decision at first instance had been that the Claimant could not prove that her injury was sustained in the index accident. HHJ Butler accepted that such an approach was illogical and contrary to law, and that instead the judge should have done her best to make some kind of ‘rough and ready’ assessment based upon whatever limited evidence was available. The fact that it was difficult to quantify damages was not the same thing as it being impossible.