Griffiths v TUI UK Ltd [2021] EWCA Civ 1442

18th October 2021

Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442. On the 7th October 2021, the Court of Appeal handed down the judgment in this case which specifically concerns the correct judicial approach to ‘uncontroverted’ expert evidence. In the context of a holiday sickness claim, but dicta both from the majority (Asplin LJ and Nugee LJ) and the dissenting judgment of Bean LJ discuss some issues of broader relevance, in particular regarding the procedural fairness of refraining from cross-examining an expert and waiting instead to criticise that expert’s opinion in closing submissions.

Jimmy Barber