Source: All England Reporter
Publisher Citation: [2006] All ER (D) 371 (Oct)
Court: Queen's Bench Division
Judge:

Gloster J

Representation Christopher Wilson-Smith QC and Harriet Jerram (instructed by Wolferstans) for the claimant.
  Matthew Jackson (instructed by Capsticks) for the defendant.
Judgment Dates: 31 October 2006

Catchwords

Evidence - Expert evidence - Experts' reports - Exclusion of part of experts' reports - Master excluding certain parts of experts' reports raising new allegations not previously pleaded - Whether master in error - Whether appropriate to grant permission to re-amend particulars of claim.

The Case

In the circumstances of the case, the master had been entitled to exercise his discretion as he had to exclude certain expert evidence on the basis that it had formed new allegations which had not previously been pleaded. For the same reasons, it would not be consistent with the overriding objective to grant permission to re-amend the particulars of claim.

Practice Areas

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