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
