Watt v Tucker

Watt v Tucker

The trial judge was entitled to prefer the claimant's evidence over the expert's opinion, given the circumstances in which the expert's later views were formed and the absence of cross-examination. The evidence supported the finding that the claimant's change in working practice was caused by the accident, not by choice.

Parties
Respondent/claimant: Rebecca Watt; Appellant/defendant: Richard Tucker
Jurisdiction
England and Wales
Judgment Date
23 November 2005
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Assessment of Damages
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Causation, Expert Evidence, Loss of Earnings
Tort Law Personal Injury Assessment of Damages Causation Expert Evidence Loss of Earnings

Case Brief

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Parties

Rebecca Watt

Respondent/claimant

Richard Tucker

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Assessment of Damages

Legal Issues

  1. 1 Whether the claimant's change in working practice and reduction in working hours was caused by the accident
  2. 2 Whether the trial judge was bound by the expert's opinion on the claimant's fitness for work
  3. 3 The proper approach to expert evidence when the expert is not available for cross-examination

Ratio Decidendi

The trial judge was entitled to prefer the claimant's evidence over the expert's opinion, given the circumstances in which the expert's later views were formed and the absence of cross-examination. The evidence supported the finding that the claimant's change in working practice was caused by the accident, not by choice.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant in the sum of £372,909 stands
  • No order for a new trial or reassessment of damages