TUI Ltd (Respondent) v Griffiths (Appellant)

In the Supreme Court of the United Kingdom, the appeal of TUI UK Ltd (Respondent) against the judgment of the Court of Appeal in the case of Griffiths (Appellant) was heard on 21 and 22 June 2023, and judgment was given on 29 November 2023. Mr Griffiths fell ill on a package holiday in Turkey in August 2014 and later sued TUI, the travel company, claiming that his illness was caused by the consumption of contaminated food or drink at the hotel. The case raises questions about the fairness of the trial and the appropriate approach to evaluating uncontroverted expert evidence. The Supreme Court held that the appeal should be allowed and that Mr Griffiths had proved his case on the balance of probabilities. The Court found that the trial judge and the majority of the Court of Appeal had erred in law by not considering the effect on the fairness of the trial of TUI's failure to cross-examine Professor Pennington, the expert witness. The Court held that the rule in Browne v Dunn, which requires a party to challenge the evidence of an opposing party's witness if it wishes to submit to the court that the evidence should not be accepted, extends to attacks on the reasoning of an expert witness. The Court held that in the absence of a proper challenge on cross-examination it was not fair for TUI to advance the detailed criticisms of Professor Pennington's report in its submissions or for the trial judge to accept those submissions. The Court concluded that Mr Griffiths had established his case on the balance of probabilities. The Court invited the parties to make written submissions on the appropriate form of order within 14 days of the date of this judgment.