David Pittaway QC's success in Court of Appeal

December 2010 - In the case of Ingram v Williams the trial judge rejected the evidence of the Claimant's parents that his mother had suffered a significant loss of liquid before she attended her GP when cystitis was diagnosed. He recognised the inherent difficulties in witnesses of fact recalling events that occurred 26 years ago. He accepted that the parents were telling him what in their mind they believed had happened but he was sure that their belief as to what occurred was not a reliable basis on which to make detailed findings of fact.

After a fully argued oral hearing in which David Pittaway QC acted on behalf of the Defendant, the Court of Appeal refused to grant permission where the trial judge had been able to assess the strength of the oral evidence in reaching his findings of fact. The case demonstrated another example of where the Court of Appeal will not interfere with findings of fact lightly. Because permission was not granted, an important point on whether the Claimant should be entitled to recover in full where he would have been born with a material but unquantifiable reduction in his disability was not argued and will have to wait to another day. David Pittaway QC lead Conrad Hallin of 3 Serjeants' Inn.

To find out about the availability of David Pittaway QC, please contact the clerking team T: 020 7643 5000.