Ruta Kerseviciene v Mide Quadri & Anor.

Ruta Kerseviciene v Mide Quadri & Anor.

Neither the Experts Argument nor the Reliability Argument is sufficiently compelling to exclude Mr Stevens' evidence at this stage; the evidence may be probative and is admissible, subject to assessment at trial for weight and reliability.

Parties
Appellant/claimant: Ruta Kersevicienė; Respondent/defendant: Mide Quadri; Respondent/defendant: Royal & Sun Alliance Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2022
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Debar Evidence at Interim Stage
Outcome
Appeal dismissed
Legal Topics
Admissibility of Evidence, Expert Evidence, Similar Fact Evidence, Case Management, Fundamental Dishonesty
Civil Procedure Evidence Admissibility of Evidence Expert Evidence Similar Fact Evidence Case Management Fundamental Dishonesty

Case Brief

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Parties

Ruta Kersevicienė

Appellant/claimant

Mide Quadri

Respondent/defendant

Royal & Sun Alliance Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Debar Evidence at Interim Stage

Legal Issues

  1. 1 Whether Mr Stevens' witness statements constitute impermissible expert evidence under CPR 35
  2. 2 Whether the statements are unreliable due to skewed, selective nature
  3. 3 Admissibility and probative value of similar fact evidence in civil proceedings

Ratio Decidendi

Neither the Experts Argument nor the Reliability Argument is sufficiently compelling to exclude Mr Stevens' evidence at this stage; the evidence may be probative and is admissible, subject to assessment at trial for weight and reliability.

Court Disposition

Appeal dismissed

Orders

  • Mr Stevens' evidence not excluded; admissible at this stage, subject to trial judge's assessment.
  • Parties to draw up a suitable order.