News & Resources

Appeal Against Decision to Allow Expert Evidence Dismissed

13th February 2017

Anthony Johnson (instructed by John Lezemore of DWF) successfully resisted an appeal by a Claimant against a case management decision to allow the Defendant to rely upon expert medical evidence.

The Claimant, who claims to be suffering a wide array of symptoms as a direct consequence of a road traffic accident, brings a personal injury claim against the Defendants in respect of which causation remains firmly in dispute. Anthony Johnson represented the Defendants at a hotly contested telephone Application hearing where a Deputy District Judge was persuaded to grant them permission to rely upon a desktop report from a Consultant Orthopaedic Surgeon. It was this decision that the Claimant sought to appeal against the outcome of.

The appeal came before Her Honour Judge Williams in the Guildford County Court on 08.02.17, who upheld the Defendants’ submissions that the appeal should be dismissed. In a detailed judgment, the Judge accepted the Defendants’ case that causation was an issue for the trial judge, and that the evidence in question dealt with a lacuna in the other medical evidence in the case in relation to causation. The original judge had directed herself correctly in relation to the appropriate test under CPR 35.1, which must be viewed in the light of the Overriding Objective pursuant to CPR 1.1. HHJ Williams also reiterated the high legal threshold that parties face when seeking to appeal a case management decision: the Judge making the decision is afforded a generous ambit of discretion.





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 Covid-19 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 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans 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 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 able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to 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.