Source: All England Reporter
Publisher Citation: [2002] All ER (D) 229 (Oct)
Court: Chancery Division
Judge:

Lindsay J

Representation Tom Grant (instructed by Squire & Co) for the claimants.
  Angharad Start (instructed by Pitmans, Reading) for the defendants.
Judgment Dates: 16 October 2002

Catchwords

Evidence - Expert evidence - Expert witness - Appointment of expert - Replacement of defendant's expert witness by different witness.

The Case

On an application by the claimants for the defence and counterclaim to be struck out on the grounds that there had been an abuse of process arising from the defendants' replacement of their expert by another, the court ruled that the possibility existed that an abuse of process had occurred but there were insufficient grounds on which to strike out the defence and counterclaim. Accordingly, the application would be dismissed.

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