Griffiths v TUI UK Ltd

Griffiths v TUI UK Ltd

A court is not entitled to reject uncontroverted expert evidence that substantially complies with CPR Part 35 Practice Direction, even if the report is open to criticism, unless it is a bare ipse dixit or fails to meet minimum standards. In this case, Professor Pennington's report met those standards and should have been accepted. The trial judge erred in rejecting the report and dismissing the claim.

Parties
Claimant/appellant: Mr Peter Griffiths; Defendant/respondent: TUI UK Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2020
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; judgment for the claimant
Legal Topics
Expert Evidence, Causation, Breach of Contract, Holiday Sickness Claims
Contract Law Personal Injury Expert Evidence Causation Breach of Contract Holiday Sickness Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Peter Griffiths

Claimant/appellant

TUI UK Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a court can reject uncontroverted expert evidence on causation in a holiday sickness claim
  2. 2 What minimum standards must an expert report meet to be accepted as evidence
  3. 3 Whether the trial judge erred in rejecting the claimant's expert evidence in the absence of controverting evidence

Ratio Decidendi

A court is not entitled to reject uncontroverted expert evidence that substantially complies with CPR Part 35 Practice Direction, even if the report is open to criticism, unless it is a bare ipse dixit or fails to meet minimum standards. In this case, Professor Pennington's report met those standards and should have been accepted. The trial judge erred in rejecting the report and dismissing the claim.

Court Disposition

Appeal allowed; judgment for the claimant

Orders

  • Judgment for the claimant for damages as assessed by the trial judge (£29,000 for general damages)
  • Time to apply for permission to appeal extended to 21 September 2020