Dodds v Arif & Anor [2019] EWHC 1512 (QB) (18 June 2019)

Dodds v Arif & Anor [2019] EWHC 1512 (QB) (18 June 2019)

Permission for bespoke life expectancy evidence from Professor Bowen Jones is refused because the normal and primary route for life expectancy evidence is through clinical experts, unless they cannot offer an opinion or disagree on statistical material. The claimant's injury impacts life expectancy, but clinical experts can address this; bespoke evidence is not reasonably required at this stage.

Citation
[2019] EWHC 1512 (QB)
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
Outcome
Defendants refused permission to rely on Professor Bowen Jones' expert evidence.
Legal Topics
Expert Evidence, Life Expectancy, Ogden Tables, Case Management, Quantification of Damages
Personal Injury Civil Procedure Expert Evidence Life Expectancy Ogden Tables Case Management Quantification of Damages

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

Legal Issues

  1. 1 Whether permission should be granted for defendants to rely on bespoke life expectancy expert evidence
  2. 2 Appropriate route for life expectancy evidence in personal injury cases

Ratio Decidendi

Permission for bespoke life expectancy evidence from Professor Bowen Jones is refused because the normal and primary route for life expectancy evidence is through clinical experts, unless they cannot offer an opinion or disagree on statistical material. The claimant's injury impacts life expectancy, but clinical experts can address this; bespoke evidence is not reasonably required at this stage.

Court Disposition

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

Orders

  • Defendants may not rely on Professor Bowen Jones' report as to claimant's life expectancy.