Arden v Malcom [2007] EWHC 404 (QB) (02 March 2007)

Arden v Malcom [2007] EWHC 404 (QB) (02 March 2007)

Permission to adduce the report of Professor Strauss is refused; statistical evidence on life expectancy should first be addressed through questions or directions to the existing clinician experts, and only if disagreement arises should separate statistical expert evidence be considered.

Citation
[2007] EWHC 404
Parties
Claimant/respondent: Jennifer Arden; Defendant/appellant: Anthony Malcom
Jurisdiction
England and Wales
Judgment Date
02 March 2007
Procedural Posture
Personal Injury Appeal / Appeal From Case Management Conference Decision
Outcome
Appeal dismissed; permission to rely on Professor Strauss's report refused.
Legal Topics
Expert Evidence, Life Expectancy, Case Management, Quantification of Damages
Civil Procedure Personal Injury Expert Evidence Life Expectancy Case Management Quantification of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jennifer Arden

Claimant/respondent

Anthony Malcom

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From Case Management Conference Decision

Legal Issues

  1. 1 Whether the Defendant may rely upon a statistical report on life expectancy in a personal injury action
  2. 2 Appropriate procedure for introducing statistical evidence in quantification of damages

Ratio Decidendi

Permission to adduce the report of Professor Strauss is refused; statistical evidence on life expectancy should first be addressed through questions or directions to the existing clinician experts, and only if disagreement arises should separate statistical expert evidence be considered.

Court Disposition

Appeal dismissed; permission to rely on Professor Strauss's report refused.

Orders

  • Counsel invited to agree form of order for questions and directions to Dr Hardie and Professor Trimble.