Source: All England Reporter
Publisher Citation: [2012] All ER (D) 187 (May)
Court: Queen's Bench Division
Judge:

Judge McMullen QC sitting as a judge of the High Court (judgment delivered extempore)

Representation Ronald Clancy QC (instructed by Irwin Mitchell) for the claimant.
  George Hugh-Jones QC (instructed by Capsticks) for the defendant.
Judgment Dates: 24 May 2012

Catchwords

Practice - Pre-trial or post-judgment relief - Personal Injury - Experts report - Claimant bringing action against defendant NHS trust for injury caused at birth - Causation in issue - Defendant seeking to adduce further expert evidence causing trial date to be vacated - Claimant opposing application - Whether defendant's application to be allowed in over-riding interest

The Case

Practice Pre-trial or post-judgment relief. The Queen's Bench Division held that it was in the overriding interest to allow the defendant to adduce further expert reports despite the fact that the trial date might have to be vacated.

Practice Areas

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