Appeals in personal injury cases against a judge’s finding on liability are very unlikely to succeed, and in future, leave to appeal should only be given where there is a clear evidence that the judge had made an error of principle. However, Brook LJ said, exceptional circumstances may arise where the judge erred in principle, misapprehended the facts or he is clearly shown to have been wrong.
Judges:
Brooke LJ
Citations:
Times 11-May-1999, [1999] EWCA Civ 1010
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Wells v Mutchmeats Ltd and Another CA 28-Feb-2006
. .
Cited – Whitehead v Bruce and Others CA 21-Mar-2013
The three defendants each appealed against apportionment of liability for serious personal injuries incurred in a road traffic accident. The first defendant a motor cycle driver, with the claimant his pillion passenger took suddent action to evade a . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Litigation Practice
Updated: 05 December 2022; Ref: scu.145925