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Civil litigation

11 January 2007
Issue: 7255 / Categories: Case law , Law digest
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Stallwood v David; Stallwood v
Adamson [2006] EWHC 2600 (QB), [2006] All ER (D) 286 (Oct):

CPR 35 does not rule out the granting of permission to call a further expert following an experts’ discussion.

It would, however, rarely be appropriate. Where a court is asked for permission to adduce expert evidence from a new expert in circumstances where applicants are dissatisfied with the opinion of their own expert following the experts’ discussion, it should do so only where there is good reason to suppose that the applicants’ first expert had agreed with the expert instructed by the other side, or had modified their opinion, for reasons which could not properly or fairly support the revised opinion.

Such reasons would include when experts had clearly stepped outside their expertise or brief, or otherwise had shown themselves to be incompetent. Where good reason is shown, the court has to consider whether, having regard to all the circumstances of the case and the overriding objective, it could properly be said that further expert evidence is reasonably required to resolve the proceedings.

Issue: 7255 / Categories: Case law , Law digest
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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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