Griffiths v TUI (UK) Ltd

Subject Matter

EVIDENCE — Expert evidence — Report — Claimant bringing claim in respect of gastroenteritis contracted while on holiday purchased from defendant — Claimant adducing expert report from consultant microbiologist on question of causation — Defendant neither adducing own expert evidence nor cross-examining consultant but submitting report failing to discharge burden of proof on question of causation — Whether court obliged to accept uncontroverted CPR-compliant expert evidence — Whether defendant entitled to seek to impugn such evidence in closing submissions — CPR Pt 35

[2020] EWHC 2268 (QB); [2021] 2 All ER (Comm) 75, QBD

[2021] EWCA Civ 1442; [2022] 1 WLR 973; [2022] 2 All ER 1137; [2022] 1 All ER (Comm) 913; [2021] WLR(D) 518, CA

EVIDENCE — Expert evidence — Report — Claimant bringing claim in respect of gastroenteritis contracted while on holiday purchased from defendant — Claimant adducing expert evidence on question of causation — Defendant neither adducing own expert evidence nor cross-examining claimant’s expert — Whether defendant entitled to seek to impugn evidence of claimant’s expert in closing submissions — CPR Pt 35

[2023] UKSC 48; [2025] AC 374; [2023] 3 WLR 1204; [2024] 2 All ER 185, SC(E)

Appellate History

Commentary

RPC Perspectives
Court of Appeal holds that uncontroverted expert evidence can be rejected Case comment

International and Travel Law Blog
Griffiths v TUI: Supreme Court Unanimously Allows Appeal Case comment

Ropewalk Chambers
Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths Case comment

UK Human Rights Blog
Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness Case comment

St John's Chambers
Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this”. Case comment

Local Government Lawyer
Some recent cases on witness statements Case comment

Blackstones Criminal Practice 2025
Cross-examination: General Considerations - Putting One’s Case and the Effect of Failure to Do So F7.8

Blackstones Civil Practice 2023
Conduct of the Trial - Adjudicating on expert evidence 61.51