Rawlinson v Cooper [2002] EWCA Civ 392 (11 March 2002)

Rawlinson v Cooper [2002] EWCA Civ 392 (11 March 2002)

The district judge misunderstood the nature and significance of Mr Gardner's evidence, entitling the High Court judge to exercise discretion afresh. The issue of life expectancy could not justly be resolved without Mr Gardner's evidence. No important point of principle or practice or compelling reason justified a second-tier appeal.

Citation
[2002] EWCA Civ 392
Parties
Claimant/respondent: Kathleen Rawlinson (by her Father and Next Friend Robert Rawlinson); Defendant/appellant: Matthew Cooper
Jurisdiction
England and Wales
Judgment Date
11 March 2002
Procedural Posture
Civil Appeal / Second Tier Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Admission of Expert Evidence, Case Management, Life Expectancy Assessment, Appeals Process
Civil Procedure Personal Injury Admission of Expert Evidence Case Management Life Expectancy Assessment Appeals Process

Case Brief

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Parties

Kathleen Rawlinson (by her Father and Next Friend Robert Rawlinson)

Claimant/respondent

Matthew Cooper

Defendant/appellant

Procedural Posture

Civil Appeal / Second Tier Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether supplemental expert evidence (Mr Gardner's reports) should be admitted at quantum trial
  2. 2 Whether the district judge misunderstood the nature of the evidence
  3. 3 Whether a second-tier appeal is permissible under section 55 of the Access to Justice Act 1999

Ratio Decidendi

The district judge misunderstood the nature and significance of Mr Gardner's evidence, entitling the High Court judge to exercise discretion afresh. The issue of life expectancy could not justly be resolved without Mr Gardner's evidence. No important point of principle or practice or compelling reason justified a second-tier appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • Costs awarded on indemnity basis from date of permission, including costs of application to set aside.
  • Appellant's costs to be assessed in accordance with Community Legal Services Regulations 2000.