The WLR Daily case summaries
[2021] WLR(D) 518
Court of Appeal
Griffiths v Tui (UK) Ltd
[2021] EWCA Civ 1442
2021 July 27;
Oct 7
Oct 7
Bean, Asplin, Nugee LJJ
Evidence— Expert evidence— Report— Claimant purchasing all-inclusive holiday from defendant company— Claimant seeking compensation for acute gastroenteritis allegedly caused by consuming contaminated food whilst staying at hotel— Claimant serving expert report from consultant microbiologist— Expert’s report concluding claimant’s gastric illness caused by consuming contaminated food at hotel— Claimant relying upon expert report in relation to causation— Expert not cross-examined and no contrary evidence adduced— Judge determining causation not proved to requisite standard— Whether court bound to accept “uncontroverted” expert report— Whether defendant permitted to reserve criticisms of report until closing submissions—
CPR
PD 35