Newman v Laver & Anor

Newman v Laver & Anor

The trial judge was entitled to find that the appellant failed to prove, on the balance of probabilities, that he suffered from bilateral monocular diplopia as a result of the accident. The judge's findings on credibility, inconsistencies, and reliance on the burden of proof were justified. The judge was also entitled to find that the post concussional syndrome would resolve within two to three years and to limit damages accordingly. There was no error of law or inadequacy of reasoning requiring appellate intervention.

Parties
Appellant: Paul Newman; Respondents: Anne Laver & another
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Civil Appeal / Judgment on Appeal From Quantum Assessment After Liability Admitted
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Assessment of Evidence, Credibility of Witnesses, Burden of Proof, Medical Causation
Personal Injury Tort Law Quantum of Damages Assessment of Evidence Credibility of Witnesses Burden of Proof Medical Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Newman

Appellant

Anne Laver & another

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From Quantum Assessment After Liability Admitted

Legal Issues

  1. 1 Whether the trial judge erred in failing to find the appellant suffered from bilateral monocular diplopia (BMD) as a result of the accident
  2. 2 Whether the judge was wrong or unfair to reject BMD on the basis of fabrication or exaggeration without proper pleading or challenge
  3. 3 Whether the judge had evidence to find that the appellant's post concussional syndrome would resolve within two to three years

Ratio Decidendi

The trial judge was entitled to find that the appellant failed to prove, on the balance of probabilities, that he suffered from bilateral monocular diplopia as a result of the accident. The judge's findings on credibility, inconsistencies, and reliance on the burden of proof were justified. The judge was also entitled to find that the post concussional syndrome would resolve within two to three years and to limit damages accordingly. There was no error of law or inadequacy of reasoning requiring appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • Appellant's appeal is dismissed
  • Damages as assessed by the trial judge are upheld