Riaz v Fowler & Anor

Riaz v Fowler & Anor

The DDJ was entitled to find the claimant's evidence lacked credibility and to limit damages accordingly, but the quantification of £100 for repairs may be unsustainable if not supported by evidence.

Parties
Appellant: Haroon Riaz; 1st Respondent: Donna Fowler; 2nd Respondent: Norwich Union
Jurisdiction
England and Wales
Judgment Date
23 July 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application adjourned for hearing before a two judge court
Legal Topics
Personal Injury, Motor Vehicle Accident, Damages Assessment, Witness Credibility
Tort Insurance Law Personal Injury Motor Vehicle Accident Damages Assessment Witness Credibility

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Parties

Haroon Riaz

Appellant

Donna Fowler

1st Respondent

Norwich Union

2nd Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the deputy district judge erred in assessing the credibility of the claimant and quantifying damages for vehicle repairs
  2. 2 Whether the DDJ failed to consider expert evidence on repair costs
  3. 3 Whether the DDJ provided adequate reasons for preferring the first defendant's evidence

Ratio Decidendi

The DDJ was entitled to find the claimant's evidence lacked credibility and to limit damages accordingly, but the quantification of £100 for repairs may be unsustainable if not supported by evidence.

Court Disposition

application adjourned for hearing before a two judge court

Orders

  • Application to be adjourned for hearing before a two judge court with a time estimate of two hours, to be listed on notice to Miss Fowler and Norwich Union, and with the appeal to follow if permission is granted.