Kirkman v Euro Exide Corporation (CMP Batteries Ltd) [2007] EWCA Civ 66 (25 January 2007)

Kirkman v Euro Exide Corporation (CMP Batteries Ltd) [2007] EWCA Civ 66 (25 January 2007)

The statement by Mr Banks as to what he would have advised the claimant in the absence of the accident is evidence of fact, not expert opinion, and is therefore admissible. The appeal is allowed and Mr Banks may give evidence in accordance with his statement dated 7 October 2005.

Citation
[2007] EWCA Civ 66
Parties
Claimant/appellant: Kirkman; Defendant/respondent: Euro Exide Corporation (CMP Batteries Ltd)
Jurisdiction
England and Wales
Judgment Date
25 January 2007
Procedural Posture
Appeal / Appeal From Case Management Order in Personal Injury Proceedings
Outcome
Appeal allowed
Legal Topics
Admissibility of Evidence, Expert Evidence, Witness of Fact, Case Management Orders
Civil Procedure Personal Injury Admissibility of Evidence Expert Evidence Witness of Fact Case Management Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Kirkman

Claimant/appellant

Euro Exide Corporation (CMP Batteries Ltd)

Defendant/respondent

Procedural Posture

Appeal / Appeal From Case Management Order in Personal Injury Proceedings

Legal Issues

  1. 1 Whether the statement of Mr Banks, the treating doctor, constitutes expert evidence or evidence of fact
  2. 2 Whether the claimant may rely on Mr Banks' statement in addition to an expert report from Mr Kay

Ratio Decidendi

The statement by Mr Banks as to what he would have advised the claimant in the absence of the accident is evidence of fact, not expert opinion, and is therefore admissible. The appeal is allowed and Mr Banks may give evidence in accordance with his statement dated 7 October 2005.

Court Disposition

Appeal allowed

Orders

  • Mr Banks permitted to give evidence in accordance with his statement dated 7 October 2005
  • Extent of any further development of that evidence left to the discretion of the trial judge