Domeney v Rees & Ors

Domeney v Rees & Ors

Permission to adduce further accident reconstruction and A&E expert evidence is refused because two prior experts have already stated no reliable estimate of speed can be made, the proposed evidence would be speculative and not assist the court, and the requirements of CPR Part 35 are not met.

Parties
Claimant: Linda Domeney; First Defendant: Alexander Rees; Second Defendant: Advantage Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2020
Procedural Posture
Civil Fatal Accident Claim / Interlocutory Application for Permission to Adduce Expert Evidence
Outcome
Defendants' application for permission to adduce further accident reconstruction and A&E expert evidence refused; permission granted to admit existing report of Mr Loat in written form.
Legal Topics
Contributory Negligence, Expert Evidence, Road Traffic Accident
Tort Civil Procedure Contributory Negligence Expert Evidence Road Traffic Accident

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Parties

Linda Domeney

Claimant

Alexander Rees

First Defendant

Advantage Insurance Company Limited

Second Defendant

Procedural Posture

Civil Fatal Accident Claim / Interlocutory Application for Permission to Adduce Expert Evidence

Legal Issues

  1. 1 Whether permission should be granted to adduce further accident reconstruction and A&E expert evidence in a fatal road traffic accident claim where two prior experts could not reliably estimate speed
  2. 2 Whether the proposed expert evidence is reasonably required to resolve the proceedings under CPR Part 35

Ratio Decidendi

Permission to adduce further accident reconstruction and A&E expert evidence is refused because two prior experts have already stated no reliable estimate of speed can be made, the proposed evidence would be speculative and not assist the court, and the requirements of CPR Part 35 are not met.

Court Disposition

Defendants' application for permission to adduce further accident reconstruction and A&E expert evidence refused; permission granted to admit existing report of Mr Loat in written form.

Orders

  • Permission to adduce further accident reconstruction and A&E expert evidence refused.
  • Report of Mr Loat, reports of PC Evans, and the police report to be placed in the court bundle and admissible as to their contents.