Griffiths V TUI (UK) Limited - An Important Decision For Defendants

The Court of Appeal yesterday handed down judgment in the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA), in what stands to be an important decision for defendants.

THE JUDGMENT

Allowing the appeal by majority, the Court of Appeal essentially held that there is no rule that a court is bound to accept uncontroverted expert evidence which complies with CPR PD 35 and therefore the Judge "was entitled to conclude that Professor Pennington's evidence was insufficient to satisfy the burden of proof on Mr Griffith in relation to causation for the cogent reasons she gave. It is not for this court to interfere, nor was the Judge right to do so." [78]. A link to the judgment can be found here.