Dodds v Arif & Anor

Dodds v Arif & Anor

Permission to rely on bespoke life expectancy evidence from Professor Bowen Jones is refused because the normal and primary route for such evidence is through clinical experts, and there is no demonstrated need for a life expectancy expert at this stage. The claimant's injury does impact life expectancy, but the clinical experts should address this first.

Parties
Claimant: Carol Dodds; Litigation Friend: Janice Dodds; Defendant: Mohammad Arif; Defendant: Aviva Insurance Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2019
Procedural Posture
Personal Injury / Case Management Conference Ruling
Outcome
Defendants refused permission to rely on Professor Bowen Jones' expert evidence on life expectancy.
Legal Topics
Expert Evidence, Life Expectancy, Ogden Tables, Permission to Rely on Expert Evidence
Civil Procedure Personal Injury Expert Evidence Life Expectancy Ogden Tables Permission to Rely on Expert Evidence

Case Brief

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Parties

Carol Dodds

Claimant

Janice Dodds

Litigation Friend

Mohammad Arif

Defendant

Aviva Insurance Limited

Defendant

Procedural Posture

Personal Injury / Case Management Conference Ruling

Legal Issues

  1. 1 Whether the defendants should be granted permission to rely on bespoke life expectancy evidence from Professor Bowen Jones
  2. 2 Whether life expectancy evidence is required and, if so, from which type of expert

Ratio Decidendi

Permission to rely on bespoke life expectancy evidence from Professor Bowen Jones is refused because the normal and primary route for such evidence is through clinical experts, and there is no demonstrated need for a life expectancy expert at this stage. The claimant's injury does impact life expectancy, but the clinical experts should address this first.

Court Disposition

Defendants refused permission to rely on Professor Bowen Jones' expert evidence on life expectancy.

Orders

  • Defendants not permitted to rely on Professor Bowen Jones' report as expert evidence.