The Court of Appeal today handed down judgment in Griffiths v TUI, in which Howard Stevens QC and Dan Saxby appeared on behalf of TUI, together with Sebastian Clegg of Deans Court Chambers, instructed by Kennedys. Allowing TUI’s appeal and reversing Martin Spencer J, the Court of Appeal accepted by a majority that it was permissible for a judge to consider the quality of expert evidence, in order to determine whether the burden of proof was satisfied, even if the expert evidence was ‘uncontroverted’. The decision is an important one not only in the field of travel litigation but also more generally.
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