Fawcett & Ors v TUI UK Ltd [2023] EWHC 400 (KB) (15 December 2022)

The court rules on an application to exclude expert evidence in an imminent personal injury trial. [2]

C makes a number of criticisms of the report and it is the target of this application. The application is to exclude it… The central point made by C… is that it is the sheer extent of the disregard of the obligations and professional duties of an expert that necessitates its excision from the trial evidence. [6]

a matter for the trial judge to assess once the evidence is before her or him [32]

I have considered these various grounds of objection to [the] evidence both individually and cumulatively… I find this application to be fundamentally misconceived. It is dismissed. [37]