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29 October 2021
Issue: 7954 / Categories: Case law , In Court , Law digest
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Law digests: 29 October 2021

Expert report

Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, [2021] All ER (D) 47 (Oct)

The Court of Appeal, Civil Division, allowed the appellant travel company’s appeal against the decision of the Queen’s Bench Division, that the county court judge was not entitled to reject the uncontroverted report and evidence of the expert which had complied with the Practice Direction accompanying CPR Pt 35, thereby dismissing the respondent’s claim for damages arising out of breach of contract, in relation to a gastric illness which he suffered while on holiday in Turkey. The order had been made on the basis that on the balance of probabilities the medical evidence had not shown that the respondent’s illness had been caused by contaminated food or drink supplied by the hotel in a package holiday provided by the appellant. The court held that there was no rule that an expert’s report which was uncontroverted and which complied with CPR PD 35 could not be impugned in submissions and ultimately rejected by the judge. It depended upon all of the circumstances of the case, the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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