Source: All England Reporter
Publisher Citation: [2002] All ER (D) 102 (Jul)
Court: Chancery Division
Judge:

Neuberger J

Representation Christopher Spratt (instructed by Whimsters) for the claimants.
  Mark Warwick (instructed by Decherts) for the first defendant.
  Alexander Antelme (instructed by Vizards Wyeth) for the second defendant.
Judgment Dates: 5 July 2002

Catchwords

Evidence - Expert witness - Experts' reports - Judge dismissing claim on summary judgment application on basis of report of single joint expert - Appeal - Claimants alleging existence of grounds allowing them to adduce counter-evidence to the report of the single expert - Whether judge in error - CPR 35.7

The Case

Where the court had ordered a report from a single expert under CPR35.7 and one of the parties wished to call his own expert, the court had a discretion as to whether to accede to the application, depending on all the circumstances of the case, including the value of the claim involved and the grounds on which the desire to challenge the single expert's view was based.

Practice Areas

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