N v Camel [2015] EWHC 3507 (QB) (29 October 2015)

N v Camel [2015] EWHC 3507 (QB) (29 October 2015)

The Master's decision was wrong because his reasons were unclear and vacillated between different tests; the evidence had not been tested and the accommodation claim was not so weak as to justify exclusion of expert evidence at an interlocutory stage. The appeal was allowed and permission to rely on expert evidence was granted.

Citation
[2015] EWHC 3507 (QB)
Parties
Claimant: N; Defendant: CAMEL
Jurisdiction
England and Wales
Judgment Date
29 October 2015
Procedural Posture
Personal Injury Appeal / Appeal Against Case Management Decision Refusing Permission to Rely on Expert Evidence
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Accommodation Claims, Summary Judgment, Discretion in Case Management
Civil Procedure Personal Injury Expert Evidence Case Management Accommodation Claims Summary Judgment Discretion in Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

N

Claimant

CAMEL

Defendant

Procedural Posture

Personal Injury Appeal / Appeal Against Case Management Decision Refusing Permission to Rely on Expert Evidence

Legal Issues

  1. 1 Whether the Master erred in refusing permission for the claimant to rely on expert architectural evidence for accommodation and adaptation claims
  2. 2 Whether the claim for accommodation had no real prospect of success such that expert evidence was not reasonably required

Ratio Decidendi

The Master's decision was wrong because his reasons were unclear and vacillated between different tests; the evidence had not been tested and the accommodation claim was not so weak as to justify exclusion of expert evidence at an interlocutory stage. The appeal was allowed and permission to rely on expert evidence was granted.

Court Disposition

Appeal allowed

Orders

  • Permission granted for claimant to rely on expert architectural evidence for accommodation and adaptation claims