Prigmore v Welbourne [2003] EWCA Civ 1687 (21 November 2003)

Prigmore v Welbourne [2003] EWCA Civ 1687 (21 November 2003)

The District Judge wrongly exercised discretion by ordering actuarial evidence for an issue of principle already settled by authority; actuarial evidence was unnecessary and inadmissible in this case.

Citation
[2003] EWCA Civ 1687
Parties
Respondent/claimant: Robert Prigmore (personal representative of the Estate of Anne Prigmore deceased); Appellant/defendant: Graham Welbourne
Jurisdiction
England and Wales
Judgment Date
21 November 2003
Procedural Posture
Appeal / Appeal Against Case Management Order
Outcome
Appeal allowed; order for joint expert actuary report rescinded.
Legal Topics
Expert Evidence, Calculation of Multipliers, Case Management Discretion
Personal Injury Fatal Accident Act Expert Evidence Calculation of Multipliers Case Management Discretion

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Parties

Robert Prigmore (personal representative of the Estate of Anne Prigmore deceased)

Respondent/claimant

Graham Welbourne

Appellant/defendant

Procedural Posture

Appeal / Appeal Against Case Management Order

Legal Issues

  1. 1 Whether actuarial evidence is necessary for calculation of multipliers in Fatal Accident Act claims
  2. 2 Whether District Judge erred in ordering a single joint expert actuary report

Ratio Decidendi

The District Judge wrongly exercised discretion by ordering actuarial evidence for an issue of principle already settled by authority; actuarial evidence was unnecessary and inadmissible in this case.

Court Disposition

Appeal allowed; order for joint expert actuary report rescinded.

Orders

  • Order for joint expert actuary report rescinded.
  • Defendant to recover costs, subject to assessment or agreement.