Case

Jones v. TUI (Portsmouth CC)

17.01.2020

Practice Areas

Personal Injury

Although the case started life towards the bottom end of the Fast-Track, it was treated by both sides as a ‘test case’ on the admissibility of expert evidence in personal injury litigation. The Judge (DJ Ball) had the benefit of very detailed Skeleton Arguments from both sides and heard a full day of submissions, eventually handing down a reserved judgment at a subsequent hearing.

Although the case started life towards the bottom end of the Fast-Track, it was treated by both sides as a ‘test case’ on the admissibility of expert evidence in personal injury litigation. The Judge (DJ Ball) had the benefit of very detailed Skeleton Arguments from both sides and heard a full day of submissions, eventually handing down a reserved judgment at a subsequent hearing.

The matter concerned a holiday sickness claim where the Defendant had applied to Strike Out the Claimant’s medical evidence on the basis that his expert didn’t have the requisite expertise to opine upon the illness that he had suffered. A barrage of criticisms were levelled at the expert by the Defendant.

The Judge ultimately accepted the Claimant’s position that issues of the type that had been raised by the Defendant go to the weight that could be attached to the expert’s evidence, rather than it being a question of admissibility; the Defendant can properly deal with its criticisms of the expert’s methodology and expertise in submissions at the subsequent Trial. He found that the ‘expert’ could properly be considered to be such based upon his clinical experience and research. His evidence was admissible as it complied with the test set out by the Supreme Court in Kennedy v. Cordia [2016] UKSC 6.

 


Related Barristers


Anthony Johnson

Anthony Johnson
Year of Call: 2006


Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a working Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available.

As of 25th March, our London premises, 1 Harcourt Buildings has been closed until further notice and all barristers, clerks and support staff will be working remotely.

We wish to reassure everyone that our contingency plans we have put in place enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way.  All direct dials in Chambers are being diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com we would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable.  We are unable to receive hard copy instructions via DX or Post until further notice, unless specific arrangements are made in advance by contacting the clerks.

Please continue to communicate with barristers directly via email.

Conferences, Joint Settlement Meetings & Mediations

All conferences, meetings and mediations will take remotely, either by telephone or via video until further notice.  Group Telephone calls and video calls can be easily arranged.

Court Hearings

We are following The Government’s advice closely, which is changing daily. In keeping with Government advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. The judiciary has made provision for some civil cases to be heard remotely, with lawyers being required to take part in virtual hearings.

We will continue to closely monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com

To learn more visit our Covid-19 Information page.