Kirkman v Euro Oxide Corporation (CMP Batteries Ltd.)

Kirkman v Euro Oxide Corporation (CMP Batteries Ltd.)

The appeal raises an important point of principle regarding the admissibility of such statements and/or there is some other compelling reason for the court to hear it; therefore, permission to appeal is granted on ground 3.

Parties
Claimant/appellant: Kirkman; Defendant/respondent: Euro Oxide Corporation (CMP Batteries Ltd)
Jurisdiction
England and Wales
Judgment Date
11 July 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted (on ground 3 only)
Legal Topics
Admissibility of Evidence, Expert Evidence, Factual Evidence, Causation
Civil Procedure Evidence Personal Injury Admissibility of Evidence Expert Evidence Factual Evidence Causation

Case Brief

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Parties

Kirkman

Claimant/appellant

Euro Oxide Corporation (CMP Batteries Ltd)

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether a statement by a treating surgeon about what he would have advised in a hypothetical scenario is admissible as factual or expert evidence
  2. 2 Whether the claimant is limited to one expert under the directions order

Ratio Decidendi

The appeal raises an important point of principle regarding the admissibility of such statements and/or there is some other compelling reason for the court to hear it; therefore, permission to appeal is granted on ground 3.

Court Disposition

permission to appeal granted (on ground 3 only)

Orders

  • Permission to appeal granted on ground 3
  • No permission on grounds 1 and 2