Can Uncontroverted Expert Evidence Be Rejected?

On 29 November 2023 the Supreme Court handed down its judgment in TUI UK Ltd v Griffiths¹. The appeal to the Supreme Court raised an important question of the fairness in the original trial, namely whether the trial judge was entitled to find that the claimant had not proved his case when his expert witness had given uncontroverted evidence on causation that was not illogical, incoherent or inconsistent, or based on any misunderstanding of the facts or unrealistic assumptions.

The unanimous decision of the judges in the Supreme Court set out in the speech of Lord Hodge is the culmination of a long-running saga concerning a relatively modest dispute arising out of a package holiday in 2014.