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Civil Way: 16 October 2020

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

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