In the context of an assessment of damages, a judge had not erred in reaching the conclusion that a reduction in a claimant's working week was due to her personal injuries rather than personal choice where evidence from an expert supporting the defendant's case had been put in but the defendant had resisted an adjournment to allow the expert to be called. In those circumstances, it was not in fairness open to the defendant to suggest that the court was bound by the expert's evidence alone to draw the conclusion that the claimant was simply exercising a choice.

[2005] EWCA Civ 1420