Court of Appeal guidance on expert evidence in low speed impact cases Casey -v- Cartwright - 10/10/2006

The case of Casey -v- Cartwright was heard before the Court of Appeal on 5 October 2006.

The court dismissed the appeal on the basis that the judge had been right to revoke permission allowing the defence to rely on expert medical evidence. However, the court reiterated its recognition that low speed impact (LSI) cases should be distinguished from ordinary road traffic whiplash injury cases. The court indicated that it would clarify its decision in Kearsley -v- Klarfield by providing for certain formalities to be satisfied by the defendant before they can be permitted to rely on expert evidence:

• Insurers must advise claimant solicitors within 3 months of receiving the Letter of Claim that they intend to raise LSI / causation arguments.
• The defence must raise a positive case of LSI
• Within 21 days of filing a defence, the defendant must serve and file a witness statement supported by a statement of truth identifying the grounds on which LSI has been raised, incorporating evidence obtained and stating the circumstances of the impact and resultant damage.
• The court (provided that it is satisfied that the issue has been properly identified and raised and that there is a real prospect of success) will then generally give permission to the defendant to obtain his/her own medical evidence.

Full details of the implications of this case can be found in the attached alert.

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