Hardisty v Aubrey [2006] EWCA Civ 1196 (13 July 2006)

Hardisty v Aubrey [2006] EWCA Civ 1196 (13 July 2006)

The Recorder's finding of cessation was logically inconsistent with his acceptance of the claimant's credibility and contemporaneous evidence; the trial was unfair due to the late introduction of the cessation issue, which was not properly put to the claimant; causation must be taken as determined in the claimant's...

Source-derived case information.

Citation
[2006] EWCA Civ 1196
Parties
Claimant/appellant: Tania Louise Hardisty; Defendant/respondent: Harry-Anne Aubrey
Jurisdiction
England and Wales
Judgment Date
13 July 2006
Procedural Posture
Personal Injury Appeal / Appeal From Cardiff County Court Decision
Outcome
Appeal allowed; Recorder's decision set aside; case remitted for rehearing before a different judge limited to acceleration and quantification issues.
Legal Topics
Causation, Whiplash Injury, Damages, Fair Trial, Credibility of Witness, Remission of Case
Tort Personal Injury Causation Whiplash Injury Damages Fair Trial Credibility of Witness Remission of Case

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Parties

Tania Louise Hardisty

Claimant/appellant

Harry-Anne Aubrey

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From Cardiff County Court Decision

Legal Issues

  1. 1 Whether the Recorder erred in finding a cessation of symptoms breaking causation
  2. 2 Whether the trial was unfair due to late introduction of the cessation issue
  3. 3 Whether the defendant should be permitted to reargue causation on remission

Ratio Decidendi

The Recorder's finding of cessation was logically inconsistent with his acceptance of the claimant's credibility and contemporaneous evidence; the trial was unfair due to the late introduction of the cessation issue, which was not properly put to the claimant; causation must be taken as determined in the claimant's favour and the case remitted for rehearing limited to acceleration and quantification.

Court Disposition

Appeal allowed; Recorder's decision set aside; case remitted for rehearing before a different judge limited to acceleration and quantification issues.

Orders

  • Remit case for rehearing before a different judge.
  • Limit rehearing to acceleration and quantification; causation determined in claimant's favour.