||All England Reporter
|| All ER (D) 461 (Mar)
|| EWCA Civ 478
||Court of Appeal, Civil Division
Buxton, Latham LJJ and Sir Denis Henry
||John Grace QC and Paul Rees QC (instructed by Bindmans) for the claimants.
||Philip Havers QC and Alexander Antelme (instructed by Kennedys) for the defendant.
||21 March 2002
Practice - Evidence - Expert evidence - Admissibility - Claimant issuing proceedings against defendant for damages following defendant's admitted negligence - Claimant's expert report on claimant's life expectancy accepted by defendant - Court making order precluding defendant from relying on any further evidence other than that already served - Trial on quantum only adjourned for two years - Defendant seeking to adduce new evidence concerning life expectancy issue - Judge refusing application - Whether judge in error.
In exercising his discretion in case management and refusing the defendant's application to adduce new evidence, almost two years after an agreed order precluding the defendant from relying upon any further evidence other than that which had already been served, the judge had taken account of all the relevant factors and there was no basis upon which his decision could be criticised.
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