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

Coles v Greaves, Court of Appeal, 10 May 2005

20 May 2005
The issues

Whiplash – expert evidence – whether Judge entitled to find in face of expert evidence the Claimant’s symptoms were not believable.

The facts

Claimant had had a road traffic accident in which he had been shunted from behind. Claimant suffered a whiplash injury. Liability was not in issue. There were a number of claims for future losses including loss of overtime earnings. The Judge discounted those future losses on the basis that he found the Claimant’s account of his ongoing symptoms unbelievable.

The decision

There was no evidence from the experts supportive of the Judge’s finding. The Claimant had been seen by two experts. The Defendants had never raised the issue of credibility. The Judge was not entitled in the absence of expert evidence to reach the conclusion he had done. The findings as to credibility were set aside. 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).

View

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.

View

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.

View

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.

View

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