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31 March 2011 / Catherine Urquhart , Johnathan Payne
Issue: 7459 / Categories: Features
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Closing down sale

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Does Edwards-Tubb mark the end of “expert shopping”, ask Johnathan Payne & Catherine Urquhart

Judges have long expressed the view that the practice of “expert shopping” goes against the spirit of the Civil Procedure Rules (CPR), under which parties are encouraged to adopt a “cards on the table” approach to pre-action conduct and litigation.

Nevertheless, some claimants obtain a report from expert A under the pre-action protocol but then decide not to rely upon it and instead put forward a report from expert B. The defendant, unsurprisingly, then tends to be more suspicious of expert B and consequently becomes less likely to settle, thus thwarting the intention of the pre-action protocol.

This essentially was the situation that arose in Edwards-Tubb v JD Wetherspoon PLC [2011] EWCA Civ 136, [2011] All ER (D) 276 (Feb) and the Court of Appeal unanimously held that if a party wishes to rely upon expert B in such circumstances, the usual order should be that he can do so only on condition that he discloses the report of expert A.

Facts

Edwards-Tubb is a chef who

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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