Clifford James secure victory for Lex Autolease Limited in Diminution Appeal Cases

Clifford James successfully acted for the Appellant in Lex Autolease Limited v PZU SA Powszechny Zaklad Ubezpieczen [2017] and Lex Autolease Limited v Euro Packaging Limited [2017]. The cases clarified an important issue relating to a Claimant being able to rely on expert evidence in diminution cases. His Honour Judge Platt ruled in favour of Appellant in both appeals, ruling:

  1. The test for considering expert evidence is to assess whether the expert evidence is ‘reasonably required’.
  2. Expert evidence is reasonably required in diminution cases pursuant to Payton v. Brooks (1974).
  3. Refusing permission on grounds of proportionality is wrong in law.

Stewart Fairhurst commented “There have been growing number of challenges relating to a Claimant being granted permission to rely on expert evidence in diminution cases. This reasoned judgement from a very experienced Judge provides clarity to Parties engaged in diminution litigation.”