0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Austen v Oxford City Council

24 June 2002
The issues

Expert evidence – joint experts – cross-examination – oral evidence.

The facts

The Claimant suffered an accident at work and sued. Liability was not in issue. The Claimant suffered a soft tissue injury as a result of the accident but also a question arose as to whether fibromyalgia from which he suffered had been caused by the accident. Orthopaedic evidence conflicted on the issue. A joint psychiatric report had been obtained which was unfavourable to the Claimant. An Application to cross-examine the expert was made at Trial. The County Court Judge refused that Application. The Claimant appealed.

The decision

1. The Judge had wrongly failed to take account of the fact that the Claimant had rejected the report and that it was not a report on which both parties were relying.

2. He had not taken account of the fact that it was for him and not the Psychiatrist to decide whether the Claimant was genuine.

3. He was wrong to conclude that there was no material on which the psychiatric expert could be cross-examined.

4. The Judge had power to order cross examination, but it would have been preferable for the Application not to have been made at Trial, but for the request to have been made at an earlier stage for a second expert to have been appointed.

5. Appeal allowed.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up