Nature of case: This was a case of a gastrointestinal illness suffered on holiday and one in which the evidence of an expert witness, Professor Hugh Pennington, was the only expert evidence that had been admitted. As his evidence was not controverted, the judge relied on it. The case was put on the basis that Professor Pennington’s report was bare ipse dixit or otherwise so deficient as to have entitled the court to reject it. The issue for the court was the proper approach of a court towards expert evidence which is “uncontroverted” and the court found that the judge was not entitled to reject the report because of its perceived deficiencies

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