Rogers v Hoyle: the white elephant in the room

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By Sarah Stewart and Scott Phillips

The family of Former Royal Marine Captain Orlando Rogers have contributed to clarifying the law in relation to the admissibility of expert opinion contained in third-party documents in civil proceedings.

On 15 May 2011, Orlando Rogers was a passenger in a vintage Tiger Moth propeller bi-plane of which the defendant, Scott Hoyle, was the pilot. In the course of the flight the aircraft crashed to the ground near Witchampton in Dorset. Rogers was killed. Hoyle was seriously injured but survived. A civil claim has been brought by the claimants, the mother and sister of the deceased as executors on behalf of his estate and as dependants, claiming damages for his death as a result of the accident, which they allege was caused by Hoyle’s negligence.

Civil proceedings were issued in May 2012 alleging that Scott Hoyle was negligent in attempting to perform a loop when (a) he had no or insufficient training in aerobatic flying or spin recovery and (b) at a dangerously low altitude such that there was insufficient airspace to recover from a spin…

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