Griffiths v TUI UK Limited: Can “uncontroverted” expert evidence be challenged?

Ian Denham has written an article considering the recent judgment of Spencer J in Griffiths v TUI UK Limited [2020] EWHC 2268 (QB), which considered “a fundamental question concerning the proper approach of a court towards expert evidence which is ‘uncontroverted’”.

The Court concluded that it was not open for the Court to examine the contents of an uncontroverted Part 35 compliant report and reject an expert’s reasoning if considered appropriate.

This judgment contradicts the common practice where Courts would assess the reasoning behind an expert’s opinion in a Part 35 expert report whether it was controverted or not.

The impact of this judgment will be felt widely but may be most keenly felt by tour operators defending holiday gastric illness claims where the scope of expert is usually limited and the question of causation is a central issue to the outcome of most claims.

Ian’s article can be read here.

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Ian 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.

Legal Blogs 1 Sep, 2020