Stratton v Brown [2002] EWCA Civ 1063 (11 July 2002)

Stratton v Brown [2002] EWCA Civ 1063 (11 July 2002)

There is an arguable case that the trial judge's reasoning in preferring the defendant's expert evidence and in addressing related issues was defective, justifying permission to appeal.

Citation
[2002] EWCA Civ 1063
Parties
Claimant/applicant: Kate Louise Stratton (by her Father and Next Friend John Stratton); Defendant/respondent: Cliff Brown
Jurisdiction
England and Wales
Judgment Date
11 July 2002
Procedural Posture
Personal Injury Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Quantum of Damages, Expert Evidence, Appeal Permission
Personal Injury Civil Procedure Quantum of Damages Expert Evidence Appeal Permission

Case Brief

Summary, issues, holding and outcome

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Parties

Kate Louise Stratton (by her Father and Next Friend John Stratton)

Claimant/applicant

Cliff Brown

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge's reasoning in preferring the defendant's expert evidence was defective
  2. 2 Whether the judge properly considered the effect of an earlier incident and the claimant's hypothetical condition absent the karate incident

Ratio Decidendi

There is an arguable case that the trial judge's reasoning in preferring the defendant's expert evidence and in addressing related issues was defective, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed