Challenging expert evidence in cross-border claims … where next?
Ian Denham looks back on the High Court decision of Griffiths v TUI UK Limited and considers the impact it has had on cross-border personal injury claims.
Since the judgment in August 2020, defendants have sought to find new ways to challenge expert evidence. This has included seeking permission for their own expert evidence or calling the claimant’s expert to be cross-examined at trial. The results of these applications have varied from court to court.
Ian looks at the recent judgment of HHJ Freedman, sitting at the County Court in Newcastle, where he heard an appeal in the matter of Taylor v TUI arising from a Deputy District Judge’s decision to order that an expert in a holiday illness case should attend trial to be cross-examined by the defendant.
He considers the impact this may have on controverting expert evidence.
Read Ian’s full analysis here.
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Ian Denham has considerable experience acting for tour operators in defending holiday illness claims and has considerable experience of challenging expert evidence on causation issues.
If you would like to discuss any of the issues covered in this article please contact Ian directly or via his practice management team; Paul Barton or Mark Gardner on +44 (0)20 7353 6381 who would be happy to have a discussion in the strictest of confidence.
Barristers: Ian Denham
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