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Anthony Johnson Successful in ‘Test Case’ on the Admissibility of Expert Evidence

17th January 2020

Anthony Johnson (instructed by Carl Jones of Aegis Legal) acted for the successful Claimant in Jones v. TUI, judgment in which was handed down in the Portsmouth CC on 17.01.20. Although the case had started life towards the bottom end of the Fast-Track, the Defendant had raised a large number of issues about whether the Claimant’s medico-legal expert actually had the requisite expertise to opine upon the illness that the Claimant had suffered, ultimately applying to Strike Out his evidence on the basis that it was not properly admissible. Amongst the barrage of criticisms levelled at the expert by the Defendant were that the expert had been evasive, that he was not objective, that he had misapplied the ‘balance of probabilities’ test and the fact that he had ‘learned on the job’ by writing medico-legal reports rather than having the requisite prior expertise.

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