Blackmore -v- Amplus Limited [2014] JRC 086 (31 March 2014)

Blackmore -v- Amplus Limited [2014] JRC 086 (31 March 2014)

The court held that the Jurats, with the benefit of medical evidence, statistical data, and the plaintiff's own testimony, are well placed to assess the plaintiff's future earning capacity without the need for an employment expert. The case is not sufficiently out of the ordinary to warrant such expert evidence.

Citation
[2014] JRC 086
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
31 March 2014
Procedural Posture
Personal Injury / Interlocutory Application to Adduce Expert Evidence
Outcome
application refused
Legal Topics
Admissibility of Expert Evidence, Future Earning Capacity, Mitigation of Loss
Civil Procedure Personal Injury Admissibility of Expert Evidence Future Earning Capacity Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Interlocutory Application to Adduce Expert Evidence

Legal Issues

  1. 1 Whether the court should permit the plaintiff to adduce expert evidence from an employment expert regarding future earning capacity

Ratio Decidendi

The court held that the Jurats, with the benefit of medical evidence, statistical data, and the plaintiff's own testimony, are well placed to assess the plaintiff's future earning capacity without the need for an employment expert. The case is not sufficiently out of the ordinary to warrant such expert evidence.

Court Disposition

application refused

Orders

  • Plaintiff's application to adduce expert evidence from an employment expert is refused.