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 applying the summary judgment test and a weaker test; the evidence did not justify concluding that the accommodation claim had no real prospect of success; and exclusion of expert evidence at this stage was inappropriate given the disputed and oral nature of the evidence.

Citation
[2015] EWHC 3507
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 Claim, Summary Judgment, Discretion in Case Management
Civil Procedure Personal Injury Expert Evidence Case Management Accommodation Claim Summary Judgment Discretion in Case Management

Case Brief

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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 her accommodation claim
  2. 2 Whether the accommodation claim 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 applying the summary judgment test and a weaker test; the evidence did not justify concluding that the accommodation claim had no real prospect of success; and exclusion of expert evidence at this stage was inappropriate given the disputed and oral nature of the evidence.

Court Disposition

Appeal allowed

Orders

  • Permission granted for the claimant to rely on expert architectural evidence for the accommodation claim