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Murrell v Healey

8 May 2001
The issues

To what extent documents relating to the s ettlement Of An Action For Damages Following A Personal Injury Action Were Admissible As Evidence In A Subsequent Action Relating To Further Injuries Resulting From A Second Accident.

The facts

The Claimant had had two road traffic accidents in 1995. At first instance the Judge who assessed the loss of earnings resulting from the second accident admitted in evidence details from the tort feesers insurers who had settled the first claim. The documents were in part the Claimant alleged a record of without prejudice negotiations and were inadmissible or irrelevant.

The decision

Following Muller -v- Linsley (C.A. 1996) documents produced from the insurers file were relevant to an enquiry as to what injury the Claimant had suffered in the first accident and were admissible.

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