Tutas v East London Bus & Coach Company [2013] EWCA Civ 1380 (16 October 2013)

Tutas v East London Bus & Coach Company [2013] EWCA Civ 1380 (16 October 2013)

The Court of Appeal held the trial judge erred in both excluding the late documentary evidence and in finding, contrary to the evidence, that the claimant was not liable for the physiotherapy costs. The evidence showed the claimant reasonably expected the defendant to pay as part of damages, and the sum was recoverable. The appeal was allowed and the special damages for physiotherapy awarded.

Citation
[2013] EWCA Civ 1380
Parties
Appellant/claimant: Mr Hasan Tutas; Respondent/defendant: East London Bus & Coach Company
Jurisdiction
England and Wales
Judgment Date
16 October 2013
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Personal Injury, Special Damages, Quantum, Disclosure of Evidence, Admissibility of Evidence, Case Management
Tort Civil Procedure Personal Injury Special Damages Quantum Disclosure of Evidence Admissibility of Evidence Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Hasan Tutas

Appellant/claimant

East London Bus & Coach Company

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was liable for physiotherapy costs and entitled to recover them as special damages
  2. 2 Whether the trial judge erred in excluding late evidence and in his factual findings regarding liability for physiotherapy costs

Ratio Decidendi

The Court of Appeal held the trial judge erred in both excluding the late documentary evidence and in finding, contrary to the evidence, that the claimant was not liable for the physiotherapy costs. The evidence showed the claimant reasonably expected the defendant to pay as part of damages, and the sum was recoverable. The appeal was allowed and the special damages for physiotherapy awarded.

Court Disposition

Appeal allowed

Orders

  • Special damages for physiotherapy in the sum of £513.50 awarded to the claimant