Kirkman v Euro Exide Corporation (CMP Batteries Ltd)

Kirkman v Euro Exide Corporation (CMP Batteries Ltd)

Mr Banks' statement, as the treating doctor, recounts what he would have advised the claimant absent the accident and is therefore evidence of fact, not expert opinion. The appeal is allowed and Mr Banks may give evidence in accordance with his statement.

Parties
Claimant/appellant: Kirkman; Defendant/respondent: Euro Exide Corporation (CMP Batteries Ltd)
Jurisdiction
England and Wales
Judgment Date
25 January 2007
Procedural Posture
Civil Appeal / Appeal From Case Management Order
Outcome
appeal allowed
Legal Topics
Admissibility of Evidence, Expert Evidence, Witness of Fact, Case Management, Personal Injury Causation
Civil Procedure Personal Injury Admissibility of Evidence Expert Evidence Witness of Fact Case Management Personal Injury Causation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Kirkman

Claimant/appellant

Euro Exide Corporation (CMP Batteries Ltd)

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the statement of Mr Banks is evidence of fact or expert opinion
  2. 2 Whether the claimant can rely on Mr Banks' statement in addition to an expert report

Ratio Decidendi

Mr Banks' statement, as the treating doctor, recounts what he would have advised the claimant absent the accident and is therefore evidence of fact, not expert opinion. The appeal is allowed and Mr Banks may give evidence in accordance with his statement.

Court Disposition

appeal allowed

Orders

  • Mr Banks permitted to give evidence in accordance with his statement dated 7 October 2005
  • Extent of any further development of that evidence left to the discretion of the trial judge