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29 October 2021
Issue: 7954 / Categories: Case law , In Court , Law digest
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Law digests: 29 October 2021

Expert report

Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, [2021] All ER (D) 47 (Oct)

The Court of Appeal, Civil Division, allowed the appellant travel company’s appeal against the decision of the Queen’s Bench Division, that the county court judge was not entitled to reject the uncontroverted report and evidence of the expert which had complied with the Practice Direction accompanying CPR Pt 35, thereby dismissing the respondent’s claim for damages arising out of breach of contract, in relation to a gastric illness which he suffered while on holiday in Turkey. The order had been made on the basis that on the balance of probabilities the medical evidence had not shown that the respondent’s illness had been caused by contaminated food or drink supplied by the hotel in a package holiday provided by the appellant. The court held that there was no rule that an expert’s report which was uncontroverted and which complied with CPR PD 35 could not be impugned in submissions and ultimately rejected by the judge. It depended

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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