Nunes v Minister for Health and Social Services and Anor 29-Mar-2021 [2021] JRC 089 (29 March 2021)

Nunes v Minister for Health and Social Services and Anor 29-Mar-2021 [2021] JRC 089 (29 March 2021)

Defendants failed to demonstrate plaintiff was atypical; smoking alone does not justify departure from Ogden Tables. Expert evidence from Professor Barnes was unreliable and would result in double discounting. Application to adduce bespoke life expectancy evidence refused; damages to be assessed by reference to Ogden Tables.

Citation
[2021] JRC 089
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
29 March 2021
Procedural Posture
Personal Injury Negligence / Interlocutory Application
Outcome
application refused
Legal Topics
Life Expectancy, Expert Evidence, Damages Assessment
Personal Injury Clinical Negligence Life Expectancy Expert Evidence Damages Assessment

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Personal Injury Negligence / Interlocutory Application

Legal Issues

  1. 1 Whether defendants may adduce expert evidence to challenge plaintiff's life expectancy based on smoking habits
  2. 2 What evidentiary threshold must be met to depart from statistical tables (Ogden Tables) in assessing life expectancy

Ratio Decidendi

Defendants failed to demonstrate plaintiff was atypical; smoking alone does not justify departure from Ogden Tables. Expert evidence from Professor Barnes was unreliable and would result in double discounting. Application to adduce bespoke life expectancy evidence refused; damages to be assessed by reference to Ogden Tables.

Court Disposition

application refused

Orders

  • Application to admit expert evidence of Professor Barnes on plaintiff's life expectancy is refused.
  • Plaintiff's life expectancy to be assessed by reference to Ogden Tables.