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15 October 2020 / Stephen Gold
Issue: 7906 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 16 October 2020

Ditching SJE principles; Fast tribunal listing in employment; Oral exam docs not for show; What the Judge ordered

EXPERT ABANDONMENT

Having given permission to appeal in the noise induced hearing loss claim of Hinson v Hare Realizations Ltd [2020] EWHC 2386 (QB), Martin Spencer J disappointed the claimant by throwing the appeal out. The single joint engineering expert had been against the claimant. Three days before the fast track trial which had been twice adjourned, the claimant applied for a further adjournment and permission to rely on his unilaterally instructed expert who would have been for him and for consequential case management directions including a retracking. There was good reason for the lateness but the application was dismissed, as then was the claim on its merits.

What should be the approach to an application to abandon a single joint expert and adduce unilaterally instructed expert evidence? The correct approach, decided the appeal judge, was that set out by Eady J in Bulic v Harwoods [2012] EWHC 3657 who had referred to Daniels v Walker [2000] 1 WLR 1382 where Lord Woolf’s

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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