Ryan v Resende

Ryan v Resende

Expert evidence from a care or occupational therapist is reasonably required at trial to assess future therapeutic needs and costs, as existing experts cannot provide this assessment. The appeal is allowed and the order is varied to permit such evidence.

Parties
Applicant: Ryan; Respondent: Resende
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Appeal / Judgment on Interlocutory Appeal
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Damages Assessment
Civil Procedure Personal Injury Expert Evidence Case Management Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Ryan

Applicant

Resende

Respondent

Procedural Posture

Appeal / Judgment on Interlocutory Appeal

Legal Issues

  1. 1 Whether expert evidence from a care or occupational therapist is reasonably required at trial
  2. 2 Whether further evidence not before the lower court should be admitted on appeal

Ratio Decidendi

Expert evidence from a care or occupational therapist is reasonably required at trial to assess future therapeutic needs and costs, as existing experts cannot provide this assessment. The appeal is allowed and the order is varied to permit such evidence.

Court Disposition

Appeal allowed

Orders

  • Application to admit further evidence granted
  • Order varied to permit expert evidence from a care or occupational therapist