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20 June 2013 / Dr Chris Pamplin
Issue: 7565 / Categories: Features , Expert Witness , Profession
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Switching experts

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What can be done when your expert’s opinion changes? Chris Pamplin reports

In these days of austerity and with a cost-conscious judiciary, less leeway is likely to be given to parties in matters of procedure, including late applications relating to expert evidence.

Charles Terence Estates

In Charles Terence Estates Limited v Cornwall Council [2011] EWHC 1683 (QB); [2011] All ER (D) 38 (Jul), the court dismissed an application to adduce expert evidence that was made two weeks before a scheduled trial date. In refusing the application, Coulson J considered the relatively few authorities that exist in relation to the exercise of the judge’s discretion in granting such applications. These included the case of Swain-Mason & Others v Mills & Reeve (a firm) [2011] EWCA Civ 14 in which the Court of Appeal gave guidance as to the interplay between the overriding objective and interlocutory applications made late and close to trial. Coulson J attached particular relevance to the words of Lloyd LJ that: “It is always a question of striking a balance. I would not accept that the court [seeks] to lay down

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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