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 an inflexible
