Casey v Cartwright

Casey v Cartwright

The appeal is dismissed because the judge's decision to revoke permission to rely on the expert's evidence was within his discretion and not unappealable; the correct approach is that permission for expert evidence on causation in low-velocity impact cases should only be granted if the defendant properly identifies the issue early, supports it with evidence, and the case has real prospects of success, subject to proportionality and other case management considerations.

Parties
Appellant: Debbie Casey; Respondent: David Cartwright
Jurisdiction
England and Wales
Judgment Date
05 October 2006
Procedural Posture
Civil Appeal / Appeal From Case Management Decision
Outcome
appeal dismissed
Legal Topics
Expert Evidence, Case Management, Causation in Low Velocity Impact Claims, Proportionality of Costs
Civil Procedure Personal Injury Expert Evidence Case Management Causation in Low Velocity Impact Claims Proportionality of Costs

Case Brief

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Parties

Debbie Casey

Appellant

David Cartwright

Respondent

Procedural Posture

Civil Appeal / Appeal From Case Management Decision

Legal Issues

  1. 1 Whether permission to rely on expert evidence on causation in low-velocity road traffic claims should be granted
  2. 2 Correct approach to case management in low-value personal injury claims involving causation disputes

Ratio Decidendi

The appeal is dismissed because the judge's decision to revoke permission to rely on the expert's evidence was within his discretion and not unappealable; the correct approach is that permission for expert evidence on causation in low-velocity impact cases should only be granted if the defendant properly identifies the issue early, supports it with evidence, and the case has real prospects of success, subject to proportionality and other case management considerations.

Court Disposition

appeal dismissed

Orders

  • Permission to rely on the evidence of Mr Williams revoked
  • Defendant may put questions to Dr Middleman and require his oral evidence at trial if so desired