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Our clerks’ room is open between:

8.30am – 6.30pm

Outside of these hours and in cases of urgency, please contact
Paul Bunting on 07971 843023 or
Darren Madle on 07769 714399.

Clerk contacts

Richard Sheehan

Deputy Senior Clerk

020 7420 9503
Oliver Ventura

First Junior Clerk

020 7420 9505
Aron Hanks

Second Junior Clerk

020 7420 9506
Archie Conners

Third Junior Clerk

020 7420 9507

Our clerks’ room is open between:

8.30am – 6.30pm

Outside of these hours and in cases of urgency, please contact
Paul Bunting on 07971 843023 or
Darren Madle on 07769 714399.

Clerk contacts

Richard Sheehan

Deputy Senior Clerk

020 7420 9503
Oliver Ventura

First Junior Clerk

020 7420 9505
Aron Hanks

Second Junior Clerk

020 7420 9506
Archie Conners

Third Junior Clerk

020 7420 9507

Giarda and justice: The failure to cross examine an uncontroverted expert – article by Nicholas Towers

TUI UK Ltd v Griffiths [2023] UKSC 48

Mr and Mrs Griffiths, along with their youngest son, embarked on an all-inclusive package holiday to a resort in Turkey. During their stay at the hotel, Mr Griffiths experienced a severe stomach upset, leading to ongoing health issues.

Mr Griffiths issued a claim against TUI UK Ltd (“TUI”), from whom the holiday was purchased. At the hearing, Mr and Mrs Griffiths provided uncontested factual evidence. Additionally, Mr Griffiths introduced evidence from an expert, Professor Pennington, who concluded that the probable cause of his stomach upset was the food and beverages provided at the hotel, rather than an airport Burger King or a single meal outside the hotel.

TUI chose not to cross-examine Professor Pennington, and due to lateness had no expert report of its own concerning the key issue of causation. Instead, in closing submissions, TUI contended that shortcomings in Professor Pennington’s report, such as lack of comprehensive explanations and not explicitly ruling out other potential causes, meant that Mr Griffiths had not substantiated his claim. The trial judge agreed with TUI. She criticised Professor Pennington’s report, determining that it failed to demonstrate that it was more probable than not that the hotel’s food and drink were responsible for Mr Griffiths’ stomach upset. Accordingly, she held that Mr Griffiths had not proven his case.

Click on this link, to read the full article by Nicholas Towers.