Description
This claim arose from a road traffic accident on 26 February 2004. Liability was admitted subject to a 1/3 reduction in respect of contributory negligence. The Claimant maintained that he had suffered from pain in both knees, lower back and neck.
The Defendant's position was that other than the immediate shock and discomfort caused by the accident, the Claimant's symptoms were constitutional and not accident-related. The court at first instance found the claimant to be wholly reliable as to his symptoms and appeared to rely upon his oral evidence to override a long history of orthopaedic problems which were not accident-related. The Court of Appeal found that the judge 'was swayed by [the Claimant's] performance in the witness box into disregarding the important documentary evidence bearing on what had become the central question in the case...if she was minded to do so it was incumbent upon her to deal with the documentary evidence and explain why [the Claimant]'s oral evidence was to be preferred'. Accordingly, the Court of Appeal allowed the appeal and remitted the matter for rehearing.
