Nicola Morgan-Rowe v Laura Woodgate
[2023] EWHC 2375 (KB)
Niraja Padmalata Lal v Craig Reeder
14 June 2023
[2023] EWHC 1437 (KB)
High Court
Someone sued after a car accident. The judge didn't believe their story about lost work and anxiety because they told different stories at different times. The appeal court agreed with the judge, so the person didn't get more money.
Key Facts
- •Appeal against HHJ Richard Williams's 6.11.2019 judgment in a road traffic accident case.
- •Claimant sought damages for personal injuries and loss of earnings.
- •Defendant was convicted of careless driving, failing to stop, and drunk driving.
- •Judge awarded Claimant £18,342.66 but ordered split costs due to a failed Part 36 offer.
- •Appeal focused on the Judge's refusal to award damages for loss of part-time earnings and travel anxiety.
- •Claimant's evidence was deemed unreliable by the trial Judge due to inconsistencies.
- •Medical expert opinions were conflicting, with the Judge preferring the evidence that supported a quicker recovery.
- •A Part 36 offer was made by the Defendant which the Claimant did not beat
Legal Principles
Appeals are reviews of lower court decisions, unless the court rules otherwise.
CPR rule 52.21
Appeals are restricted to evidence before the lower court, unless fresh evidence meets the Ladd v Marshall criteria.
CPR rule 52.21(2), Ladd v Marshall [1954] 1 W.L.R. 1489 (CA)
Challenges to findings of fact require showing the Judge was plainly wrong.
Henderson v Foxworth [2014] UKSC 41, Grizzly Business v Stena Drilling [2017] EWCA civ 94, Deutsche Bank AG v Sebastian Holdings [2023] EWCA Civ. 191, Volpi v Volpi [2022] EWCA Civ. 464
The court considers whether the Judge's decision was wrong due to an identifiable flaw.
Walter Lily & Co Ltd v Clin [2021] EWCA Civ 136
Statements of truth are important and should not be taken lightly.
Judge's own assessment
The burden of proof lies on the claimant to prove their loss.
Judge's own assessment
Part 36 offers and their consequences under CPR r.52.22 are relevant in assessing damages.
CPR Part 36 and CPR r.52.22
Outcomes
Appeal dismissed for loss of part-time earnings.
Claimant failed to discharge the burden of proving loss of agency earnings; evidence was unreliable and contained inconsistencies.
Permission to appeal refused for travel anxiety claim.
Judge was entitled to rely on the Claimant's initial GP report which contradicted later claims; other evidence was also inconsistent.