Ryan v Resende [2018] EWHC 2145 (QB) (21 June 2018)

Ryan v Resende [2018] EWHC 2145 (QB) (21 June 2018)

Expert evidence on care and occupational therapy is reasonably required at trial because neither the existing nor the proposed experts in other disciplines can provide the necessary assessment of therapeutic need and cost. The refusal to permit such evidence was based on an incorrect assumption about the scope of expertise of other witnesses. The appeal is allowed and the order is varied to permit such expert evidence.

Citation
[2018] EWHC 2145
Parties
Applicant: Ryan; Respondent: Resende
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Appeal / Interlocutory Appeal From a Costs and Case Management Conference Order
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Appeals, Costs
Civil Procedure Personal Injury Expert Evidence Case Management Appeals Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Ryan

Applicant

Resende

Respondent

Procedural Posture

Appeal / Interlocutory Appeal From a Costs and Case Management Conference Order

Legal Issues

  1. 1 Whether the Master erred in refusing permission to call expert evidence on care and occupational therapy
  2. 2 Whether further evidence not before the lower court should be admitted on appeal

Ratio Decidendi

Expert evidence on care and occupational therapy is reasonably required at trial because neither the existing nor the proposed experts in other disciplines can provide the necessary assessment of therapeutic need and cost. The refusal to permit such evidence was based on an incorrect assumption about the scope of expertise of other witnesses. The appeal is allowed and the order is varied to permit such expert evidence.

Court Disposition

Appeal allowed

Orders

  • Application to admit further evidence granted
  • Order of the Master varied to permit expert evidence on care and occupational therapy