Simpson v Simpson

Simpson v Simpson

The trial judge erred by failing to consider the impact of the earlier case management order prohibiting expert evidence, which materially affected the appellant's ability to prove damages. The proper course was to adjourn the issue of damages for a further hearing, not to limit the award to nominal damages.

Parties
Appellant: Gillian Simpson; Respondent: Graeme Simpson; Respondent: Glenys Simpson
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed in part
Legal Topics
Conversion, Damages, Case Management, Burden of Proof
Tort Civil Procedure Conversion Damages Case Management Burden of Proof

Case Brief

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Parties

Gillian Simpson

Appellant

Graeme Simpson

Respondent

Glenys Simpson

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in awarding only nominal damages for conversion due to insufficient evidence of loss
  2. 2 Whether the judge should have ordered a further hearing or inquiry into damages

Ratio Decidendi

The trial judge erred by failing to consider the impact of the earlier case management order prohibiting expert evidence, which materially affected the appellant's ability to prove damages. The proper course was to adjourn the issue of damages for a further hearing, not to limit the award to nominal damages.

Court Disposition

appeal allowed in part

Orders

  • Judge's award of nominal damages set aside
  • Issue of damages remitted to county court for determination