Allen v Cornwall Council

Allen v Cornwall Council

The judge's decision to permit expert evidence was within his legitimate discretion, addressing only the threshold issue of admissibility and not binding the trial judge; the staged approach to expert evidence was sensible and did not prejudice the defendant; there was no error in principle or breach of equality of arms.

Parties
Claimant: Philip Richard Edgar Allen (by Mrs Claire Allen, litigation friend); Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Application for permission to appeal refused.
Legal Topics
Expert Evidence, Contributory Negligence, Highway Maintenance, Case Management
Personal Injury Civil Procedure Expert Evidence Contributory Negligence Highway Maintenance Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Philip Richard Edgar Allen (by Mrs Claire Allen, litigation friend)

Claimant

Cornwall Council

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether expert evidence on cycling skills and safety is admissible and reasonably required to resolve the proceedings
  2. 2 Whether the judge erred in granting permission to adduce expert evidence without first requiring production of the report
  3. 3 Whether the judge erred by not granting both parties permission to adduce expert evidence

Ratio Decidendi

The judge's decision to permit expert evidence was within his legitimate discretion, addressing only the threshold issue of admissibility and not binding the trial judge; the staged approach to expert evidence was sensible and did not prejudice the defendant; there was no error in principle or breach of equality of arms.

Court Disposition

Application for permission to appeal refused.

Orders

  • Costs of the application reserved to the trial judge.