Domeney v Rees & Ors [2020] EWHC 2115 (QB) (04 August 2020)

Domeney v Rees & Ors [2020] EWHC 2115 (QB) (04 August 2020)

Permission for accident reconstruction and A & E expert evidence was refused because the evidence was not reasonably required, would not assist the court, and would add unnecessary cost and complexity. The court must make findings based on lay witness evidence, and expert evidence is redundant where no reliable scientific calculation can be made.

Citation
[2020] EWHC 2115 (QB)
Parties
Claimant: Linda Domeney; Defendant: Alexander Rees; Defendant: Advantage Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2020
Procedural Posture
Application in Personal Injury Claim / Interlocutory Hearing on Expert Evidence
Outcome
Permission for accident reconstruction and A & E expert evidence refused; permission granted for admission of existing reports.
Legal Topics
Expert Evidence, Contributory Negligence, Road Traffic Accident
Personal Injury Civil Procedure Expert Evidence Contributory Negligence Road Traffic Accident

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Parties

Linda Domeney

Claimant

Alexander Rees

Defendant

Advantage Insurance Company Limited

Defendant

Procedural Posture

Application in Personal Injury Claim / Interlocutory Hearing on Expert Evidence

Legal Issues

  1. 1 Whether permission should be granted for defendants to adduce evidence from a freshly instructed accident reconstruction expert and an A & E consultant
  2. 2 Admissibility and necessity of expert evidence in determining causation and contributory negligence

Ratio Decidendi

Permission for accident reconstruction and A & E expert evidence was refused because the evidence was not reasonably required, would not assist the court, and would add unnecessary cost and complexity. The court must make findings based on lay witness evidence, and expert evidence is redundant where no reliable scientific calculation can be made.

Court Disposition

Permission for accident reconstruction and A & E expert evidence refused; permission granted for admission of existing reports.

Orders

  • Report of Mr Loat, reports of PC Evans, and police report to be placed in the court bundle and admissible as to their contents.