Evison v Conco Ltd & Anor [2001] EWCA Civ 674 (25 April 2001)

Evison v Conco Ltd & Anor [2001] EWCA Civ 674 (25 April 2001)

The judge's findings on the seriousness of the injury and quantum of damages were based on the acceptance of one expert's evidence over another, and there was no error in the exclusion of evidence or in the refusal to admit further evidence on appeal. There was no reasonable prospect of success on appeal.

Citation
[2001] EWCA Civ 674
Parties
Claimant/applicant: Kelvin Clark Evison; First Defendant/respondent: Conco Limited; First Defendant/respondent: KV Aerner Redpath Engineering Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Appeal Procedure, Admissibility of Evidence, Assessment of Damages, Expert Evidence
Personal Injury Civil Procedure Appeal Procedure Admissibility of Evidence Assessment of Damages Expert Evidence

Case Brief

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Parties

Kelvin Clark Evison

Claimant/applicant

Conco Limited

First Defendant/respondent

KV Aerner Redpath Engineering Limited

First Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing the seriousness of the claimant's injury and the quantum of damages
  2. 2 Whether the exclusion of certain evidence was improper
  3. 3 Whether further evidence should be admitted on appeal

Ratio Decidendi

The judge's findings on the seriousness of the injury and quantum of damages were based on the acceptance of one expert's evidence over another, and there was no error in the exclusion of evidence or in the refusal to admit further evidence on appeal. There was no reasonable prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application dismissed