Cases - Armstrong v First York Ltd

Record details

Name

Armstrong v First York Ltd

Date

[2005]; [2005]

Citation

EWCA Civ 277; Times Law Reports 17 Jan, CA

Keywords

Expert witness

Summary

There is no rule of law preventing a judge from preferring the evidence of honest lay claimants (in a personal injury claim in this case) to that of a jointly instructed expert, even though the judge was unable to explain why he found fault with the expert's evidence. The defendants' submission that the judge had no choice but to accept the expert's evidence if he was unable to point to an error in it was incorrect:

'In this jurisdiction, reliance is placed upon trial by judge, and not by expert, and the judge is fully entitled to weigh all the evidence, as he has done.'