Source: All England Reporter
Publisher Citation: [2007] All ER (D) 322 (Oct)
Court: Queen's Bench Division
Judge:

Judge Foster QC sitting as a Judge of the High Court
Representation Susan Rodway QC (instructed by Hart Brown, Guildford) for the claimant.
  William Norris QC (instructed by Weightmans) for the defendant.
Judgment Dates: 22 October 2007

Catchwords

Evidence - Expert witness - Psychiatrist - Claimant commencing proceedings against defendant - Defendant calling child psychiatrist - Defendant instructing new solicitors - Defendant applying for permission to call adult psychiatrist - Judge refusing permission - Whether judge erring.

The Case

In the instant case, there would be justice in allowing the defendant permission to call an adult consultant psychiatrist, where the claimant had commenced proceedings for damages in respect of a road traffic accident, and where a judge had refused the defendant permission to call the expert in circumstances where the defendant's previous expert had stated that she was not competent to provide advice.

Practice Areas

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