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Law digests: 29 October 2021

29 October 2021
Issue: 7954 / Categories: Case law , In Court , Law digest
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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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NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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