AC-2023-LON-003019 - [2025] EWHC 1851 (Admin)

Before the Judge, the Appellant’s brain injury and consequent physical and mental health difficulties were common ground. The extent of those difficulties was however a core evidential issue between the parties.

Having heard evidence, the Judge made two findings which underpin much of her subsequent analysis and which were challenged by Mr Fitzgerald on behalf of the Appellant. She found firstly that the Appellant was not as restricted in his day-to-day activities as he claimed to the medical experts. Secondly, she preferred the evidence of Professor Fazel about the extent of the Appellant’s mental health difficulties to that of Dr Attard.

It is appropriate to assess the findings against the evidential backdrop before the Judge.