header-logo header-logo

Holidaymaker did not have fair trial

06 December 2023
Issue: 8052 / Categories: Legal News , Personal injury , Expert Witness
printer mail-detail
A trial judge cannot decide a claimant has not proved their case in proceedings where the claimant’s expert witness was not cross-examined, the Court of Appeal has clarified

TUI UK Ltd v Griffiths [2023] UKSC 48 concerned a man who contracted a serious stomach upset, which has left him with long-term problems, while on an all-inclusive package holiday at a hotel resort in Turkey with his wife and son. At trial, the couple gave uncontested evidence on the facts and also presented evidence from an expert witness, Professor Pennington, that the likely cause of the stomach upset was the hotel food and drink.

TUI neither cross-examined Professor Pennington nor presented any expert evidence of its own as regards causation. In its closing submission, however, TUI argued the claimant had failed to prove his case, pointing out incomplete explanations, failure to discount alternative causes and other deficiencies in Professor Pennington’s report.

The trial judge agreed with TUI’s criticism of the export report and dismissed the claim.

On appeal to the Supreme Court, however, Lord Hodge and four Justices unanimously held the trial judge was wrong to allow TUI’s detailed criticism of the expert report and to accept those submissions. It held, in doing so, she denied Griffiths a fair trial.

Delivering the main judgment, Lord Hodge summarised the key points: ‘The question is whether the trial judge was entitled to find that the claimant had not proved his case when the claimant’s expert had given uncontroverted evidence as to the cause of the illness, which was not illogical, incoherent or inconsistent, based on any misunderstanding of the facts, or based on unrealistic assumptions, but was criticised as being incomplete in its explanations and for its failure expressly to discount on the balance of probabilities other possible causes of Mr Griffiths’ illness.’

Issue: 8052 / Categories: Legal News , Personal injury , Expert Witness
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll