Chaplin v Ben Pistol Allianz Insurance Plc [2020] EWHC 1543 (QB) (16 June 2020)

Chaplin v Ben Pistol Allianz Insurance Plc [2020] EWHC 1543 (QB) (16 June 2020)

There has been no relevant or sufficient change in circumstances since the previous refusal to admit statistical expert evidence; both neurological experts are able to provide adequate evidence on life expectancy; the proposed evidence is not reasonably required and would cause unacceptable delay and jeopardy to the...

Source-derived case information.

Citation
[2020] EWHC 1543
Parties
Claimant: Toby Chaplin (by his mother and litigation friend, Diane Chaplin); Defendant: Ben Pistol; Defendant: Allianz Insurance PLC
Jurisdiction
England and Wales
Judgment Date
16 June 2020
Procedural Posture
Personal Injury Road Traffic Accident / Interlocutory Application for Permission to Adduce Expert Evidence
Outcome
Defendants' application to rely on Professor Strauss' expert report on life expectancy is refused; permission granted to rely on Gary Derwent's report on assistive technology; costs in the case.
Legal Topics
Expert Evidence, Life Expectancy Assessment, Variation of Directions, Admissibility of Evidence
Personal Injury Civil Procedure Expert Evidence Life Expectancy Assessment Variation of Directions Admissibility of Evidence

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Summary, issues, holding and outcome

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Parties

Toby Chaplin (by his mother and litigation friend, Diane Chaplin)

Claimant

Ben Pistol

Defendant

Allianz Insurance PLC

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Interlocutory Application for Permission to Adduce Expert Evidence

Legal Issues

  1. 1 Whether the defendants should be granted permission to rely on expert evidence from Professor David Strauss on life expectancy
  2. 2 Whether there has been a relevant and sufficient change in circumstances since the previous refusal of similar evidence
  3. 3 Whether the proposed evidence is reasonably required under CPR r.35.1

Ratio Decidendi

There has been no relevant or sufficient change in circumstances since the previous refusal to admit statistical expert evidence; both neurological experts are able to provide adequate evidence on life expectancy; the proposed evidence is not reasonably required and would cause unacceptable delay and jeopardy to the trial date.

Court Disposition

Defendants' application to rely on Professor Strauss' expert report on life expectancy is refused; permission granted to rely on Gary Derwent's report on assistive technology; costs in the case.

Orders

  • Defendants have permission to rely at trial on the expert report of Gary Derwent in assistive technology dated May 2020.
  • Defendants' application to rely on an expert report of Professor David Strauss on life expectancy is dismissed.