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

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


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