Rogers & Anor v Hoyle

Rogers & Anor v Hoyle

The AAIB Report is admissible in evidence in these proceedings. The rule in Hollington v Hewthorn does not apply to expert reports such as the AAIB's, which are not judicial findings but expert opinions informed by technical knowledge and experience. Any issues regarding weight or reliability are for the trial judge to assess. There is no statutory or policy reason to exclude the report, and the court's discretion should not be exercised to exclude it.

Parties
Claimant: Julia Mary Rogers; Claimant: Jade Nicola Lucinda Rogers; Defendant: Scott Hoyle
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Civil / Interlocutory Application on Admissibility of Evidence
Outcome
Application dismissed in part; declaration made
Legal Topics
Admissibility of Expert Reports, Hearsay Evidence, Opinion Evidence, Application of Hollington V Hewthorn, Discretion to Exclude Evidence
Evidence Aviation Law Civil Procedure Admissibility of Expert Reports Hearsay Evidence Opinion Evidence Application of Hollington V Hewthorn Discretion to Exclude Evidence

Case Brief

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Parties

Julia Mary Rogers

Claimant

Jade Nicola Lucinda Rogers

Claimant

Scott Hoyle

Defendant

Procedural Posture

Civil / Interlocutory Application on Admissibility of Evidence

Legal Issues

  1. 1 Is the AAIB report admissible as evidence in civil proceedings?
  2. 2 Does the rule in Hollington v Hewthorn apply to AAIB reports?
  3. 3 Should the court exercise its discretion to exclude the AAIB report?

Ratio Decidendi

The AAIB Report is admissible in evidence in these proceedings. The rule in Hollington v Hewthorn does not apply to expert reports such as the AAIB's, which are not judicial findings but expert opinions informed by technical knowledge and experience. Any issues regarding weight or reliability are for the trial judge to assess. There is no statutory or policy reason to exclude the report, and the court's discretion should not be exercised to exclude it.

Court Disposition

Application dismissed in part; declaration made

Orders

  • Declaration that the AAIB Report is admissible as evidence in these proceedings
  • No order striking out parts of the claimants’ statements of case provided suitable amendments are made to the reply