Cases - Youssif v Jordan

Record details

Name
Youssif v Jordan
Date
[2002]
Citation
EWCA Civ 1827
Keywords
Expert witness
Summary

In a medical negligence case, the judge was held on appeal to have been wrong to make a finding of no case to answer. The judge had failed to appreciate the conflict of evidence between expert witnesses who were not called to give oral evidence. There is a danger inherent in defendants doing well in litigation and proceeding to a submission of no case to answer. Then, it is the judge's duty to survey the evidence of the expert witnesses as a whole together with that of the defendant, to see whether the claimant might make out their case.