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Legal Mind Case and Commentary No 14: Uncertainty in Judicial Decision Making: A Case to Answer? - Dr Hugh Koch, Dr Elizabeth Boyd, Dr Tracy Thorns & Dr Louise Payne, Hugh Koch Associates

Ludlow vs National Power PLC (2000) EWCA Civ. 289.

25/05/17. This interesting and complex case involved an appeal by the claimant against the decision about evidence and quantum of the judgment made (1999). The substance of the case was a work accident in which the claimant was thrown forward on a pay-load (motorised shovel). The psychological/psychiatric problems were the subject of the appeal based on, allegedly, insufficient reason for rejecting this head of damages.

Key aspects of the case involved: -

  1. Reliability of diagnosis of PTSD made by claimant -instructed expert.

  2. Lack of psychological symptoms mentioned in one medical/non-psychiatric report.

  3. Delay in the claimant reporting severe symptoms...

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