Background
The claimant, Mr Griffiths stayed at an all-inclusive Turkish resort for a two week holiday with his wife and son commencing on 2 August 2014. The claimant brought a claim against the tour operator TUI under the Package Travel Regulations for personal injury on the basis that he had suffered a gastric-intestinal illness.
The Issues
In the decision handed down by the High Court last year, Spencer J held that provided an expert report complied with the CPR Part 35 and there was no evidence to challenge that evidence, if the report could not be factually undermined in cross-examination, then that report should be accepted by the court.
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