Life expectancy evidence granted in Mays v Drive Force (UK) Limited  EWHC 5 (QB) (04 January 2019) in which Deputy Master Hill QC was not persuaded by the ‘floodgates’ arguments of the Claimant.
Anthony Bushell (Partner in our Evesham office) was adamant that in order to achieve the best result for our client (QBE) at trial, permission to rely upon statistical life expectancy evidence (from Professor Bowen-Jones) in addition to the parties’ clinical evidence, was essential.
Ronald Walker QC (from 12 Kings Bench Walk, acting on our behalf) argued that to ensure that the Claimant’s plethora of co-morbid conditions were fully considered, and to assist the Court in understanding how these co-morbid conditions would have a bearing on the Claimant’s life expectancy in any event (Professor Bowen-Jones assessed the Claimant’s life-expectancy, ignoring epilepsy risk, to age 73.5 which would represent a reduction of approximately 11 years), statistical life expectancy evidence was necessary. This was particularly important where the parties’ clinical evidence remained unclear on the issue.
Anthony comments: “It was noted by the Court that the current case law confirms in appropriate cases consideration should be given to whether factors other than the accident itself have impacted an injured person’s life expectancy, and if so, the Court will be assisted by expert evidence which can be statistical as well as that given by clinicians”.
This is a high value multiple million pound claim where the statistical evidence may make a significant difference to quantum, specifically future losses. Deputy Master Hill QC made the point in his summary that it is thereafter the decision of the trial judge as to how much emphasis is placed on the statistical evidence and the credibility of the same.
Read here for the official transcript and detail as to why District Master Hill QC agreed with Anthony’s approach.
If you would like to know more about this matter, please speak to your contacts at Plexus Law:
Anthony Bushell, Partner
T: 01386 578 886 | M: 07866 634 085 | E: firstname.lastname@example.org
Vale Chambers | 110 -112 High Street | Evesham | WR11 4EJ
Nadia Nahapiet, Partner
T: 0161 244 6925 | M: 07977 008 772 | E: email@example.com
City Tower | Piccadilly Plaza | Manchester | M1 4BT
Whilst we take care to ensure that the material in this Legal Update is correct, it is made available for information only, and no representation is given as to its quality, accuracy, fitness for purpose, or usefulness. In particular, the contents of this Legal Update do not give specific legal advice, should not be relied on as doing so, are not a substitute for specific advice relevant to particular circumstances. Plexus Law accepts no responsibility for any loss which may arise from reliance on information or materials published in this Legal Update.