Tutas v East London Bus & Coach Company

Tutas v East London Bus & Coach Company

The judge erred in excluding the late-produced letter and in finding that the claimant was not liable for physiotherapy costs based on evidence that did not support such a conclusion. The sum claimed for physiotherapy was recoverable as part of damages.

Parties
Appellant/claimant: Hasan Tutas; Respondent/defendant: East London Bus & Coach Company
Jurisdiction
England and Wales
Judgment Date
16 October 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Quantum of Damages, Special Damages, Admissibility of Evidence, Case Management, Physiotherapy Costs
Personal Injury Civil Procedure Quantum of Damages Special Damages Admissibility of Evidence Case Management Physiotherapy Costs

Case Brief

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Parties

Hasan Tutas

Appellant/claimant

East London Bus & Coach Company

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimant was liable to pay for physiotherapy treatment and whether the judge erred in excluding late evidence supporting the claim for special damages

Ratio Decidendi

The judge erred in excluding the late-produced letter and in finding that the claimant was not liable for physiotherapy costs based on evidence that did not support such a conclusion. The sum claimed for physiotherapy was recoverable as part of damages.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The sum claimed for physiotherapy (£513.50) is recoverable as special damages.