||All England Reporter
|| All ER (D) 209 (Jan)
||Court of Appeal (Civil Division)
Buxton and Smith LJJ
||Christopher Limb (instructed by Fieldings Porter Solicitors, Bolton) for the claimant.
||Dominic Nolan QC (instructed by Langleys Solicitors, York) for the company.
||25 January 2007
Practice - Evidence - Expert evidence - Claimant being injured at workplace - Claimant bringing action against employer - Claimant being referred to orthopaedic surgeon - Experts being instructed on quantum - Claimant intending to call orthopaedic surgeon to give non-expert evidence - Whether statement by orthopaedic surgeon expression of fact or opinion.
Where a claimant had intended to call a consultant orthopaedic surgeon as a non-expert, in proceedings against his employer for damages following a workplace accident, that could be done given that the relevant parts of his statement were expressions of fact and not expressions of opinion. That conclusion could be tested by comparing his evidence against the evidence of experts that were instructed, and his employer. Further, such a result would not offend the principle of an 'equality of arms'; in the instant case, for both parties to call upon the same number of experts.
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