Annison v Nolan

Annison v Nolan

There was a serious procedural irregularity in the trial regarding the treatment and admissibility of the expert evidence on home maintenance and repair costs. The judge failed to address or rule on the relevance and admissibility of the expert report, nor did she provide reasons for not awarding the claimed amount. This rendered the decision on those items unjust and necessitated a retrial on that head of claim.

Parties
Appellant: Peter Annison; Respondent: Paul Nolan
Jurisdiction
England and Wales
Judgment Date
31 January 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed in part, dismissed in part
Legal Topics
Assessment of Damages, Special Damages, Future Loss, Admissibility of Expert Evidence, Procedural Irregularity
Personal Injury Tort Assessment of Damages Special Damages Future Loss Admissibility of Expert Evidence Procedural Irregularity

Case Brief

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Parties

Peter Annison

Appellant

Paul Nolan

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for future taxi fares and enhanced home maintenance and repair costs
  2. 2 Whether there was a procedural irregularity regarding the admissibility and treatment of expert evidence

Ratio Decidendi

There was a serious procedural irregularity in the trial regarding the treatment and admissibility of the expert evidence on home maintenance and repair costs. The judge failed to address or rule on the relevance and admissibility of the expert report, nor did she provide reasons for not awarding the claimed amount. This rendered the decision on those items unjust and necessitated a retrial on that head of claim.

Court Disposition

appeal allowed in part, dismissed in part

Orders

  • Appeal on taxi fares dismissed
  • Appeal on home maintenance and repair costs allowed