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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.

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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.

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