Atkins v Co-Operative Group Ltd

Atkins v Co-Operative Group Ltd

The evidence which the defendant seeks to adduce could not have been obtained with reasonable diligence by 25 March 2015. The analysis of the recent CT scan by Dr Peebles and the pulmonary function test results led to a new medical opinion. It would be inappropriate for the court to proceed on the basis of an outdated or incomplete medical assessment. The appeal is allowed and the judgment is varied to reflect only breach of duty, with causation and quantum to be assessed.

Parties
Claimant/respondent: Desmond Atkins; Defendant/appellant: Co-operative Group Ltd
Jurisdiction
England and Wales
Judgment Date
26 January 2016
Procedural Posture
Appeal / Appeal Against Interlocutory Order (judgment and Interim Payment)
Outcome
Appeal allowed; judgment and interim payment order varied
Legal Topics
Interim Payments, Setting Aside Judgment, Fresh Evidence on Appeal, Medical Causation, Breach of Duty
Tort Personal Injury Civil Procedure Interim Payments Setting Aside Judgment Fresh Evidence on Appeal Medical Causation Breach of Duty

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Parties

Desmond Atkins

Claimant/respondent

Co-operative Group Ltd

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Interlocutory Order (judgment and Interim Payment)

Legal Issues

  1. 1 Whether fresh medical evidence should be admitted on appeal
  2. 2 Whether judgment should be varied to reflect breach of duty only, with causation and quantum to be assessed
  3. 3 Whether interim payment should be repaid or reserved

Ratio Decidendi

The evidence which the defendant seeks to adduce could not have been obtained with reasonable diligence by 25 March 2015. The analysis of the recent CT scan by Dr Peebles and the pulmonary function test results led to a new medical opinion. It would be inappropriate for the court to proceed on the basis of an outdated or incomplete medical assessment. The appeal is allowed and the judgment is varied to reflect only breach of duty, with causation and quantum to be assessed.

Court Disposition

Appeal allowed; judgment and interim payment order varied

Orders

  • Judgment for the claimant on breach of duty, with causation and quantum to be assessed
  • The issue of whether the interim payment should be repaid in part or in whole shall be reserved and addressed at the conclusion of the trial on causation and quantum