Leave to appeal – refused – claim under indemnity
Coulson LJ, disposing of the application for permission to appeal after oral hearing, addressed the question of appeals against a judge’s evaluation of expert evidence:
‘A first instance judge’s assessment of, or evaluations based upon, expert evidence adduced at trial must be approached by an appellate court with similar caution. Whilst it has been said that a reconsideration of an expert’s opinion may be slightly easier than a finding of fact, because the underlying report will be in writing (see Thomson v Christie Manson and Woods Ltd [2005] EWCA Civ 555; [2005] PNLR 38), the same case also provides a salutary warning that, since the evaluation of expert evidence is likely to be bound up with a wider evaluation of matters of fact, an appellate court will still be very slow to intervene.’
Citations:
[2018] EWCA Civ 2403, [2019] 4 WLR 56
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Thomson v Christie Manson and Woods Ltd and Another CA 12-May-2005
Claim against auctioneers – antique vases – possible copies. Both parties appealed against elements of the judgment.
May LJ said: ‘But, even accepting that individual points such as these are amenable to judicial appellate evaluation whatever . .
Cited by:
Cited – Kynaston-Mainwaring v GVE London Ltd CA 19-Oct-2022
. .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 19 October 2022; Ref: scu.628687