Ellis v The Environment Agency

Ellis v The Environment Agency

Permission to appeal is granted because the argument that the judge should have apportioned liability according to the expert's percentages, rather than applying the 'but for' test, is arguable and should be considered by a full court.

Parties
Appellant: Ellis; Respondent: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Causation, Damages, Apportionment of Liability
Tort Law Personal Injury Causation Damages Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Ellis

Appellant

The Environment Agency

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the accident in April 2000 was causally linked to the injury sustained in June 1998
  2. 2 Whether apportionment of damages was appropriate given the evidence

Ratio Decidendi

Permission to appeal is granted because the argument that the judge should have apportioned liability according to the expert's percentages, rather than applying the 'but for' test, is arguable and should be considered by a full court.

Court Disposition

Permission to appeal granted

Orders

  • Case to be heard by a court of three, including at least one Lord Justice with personal injury expertise