header-logo header-logo

31 March 2011 / Catherine Urquhart , Johnathan Payne
Issue: 7459 / Categories: Features
printer mail-detail

Closing down sale

istock_000014310965small1_4

Does Edwards-Tubb mark the end of “expert shopping”, ask Johnathan Payne & Catherine Urquhart

Judges have long expressed the view that the practice of “expert shopping” goes against the spirit of the Civil Procedure Rules (CPR), under which parties are encouraged to adopt a “cards on the table” approach to pre-action conduct and litigation.

Nevertheless, some claimants obtain a report from expert A under the pre-action protocol but then decide not to rely upon it and instead put forward a report from expert B. The defendant, unsurprisingly, then tends to be more suspicious of expert B and consequently becomes less likely to settle, thus thwarting the intention of the pre-action protocol.

This essentially was the situation that arose in Edwards-Tubb v JD Wetherspoon PLC [2011] EWCA Civ 136, [2011] All ER (D) 276 (Feb) and the Court of Appeal unanimously held that if a party wishes to rely upon expert B in such circumstances, the usual order should be that he can do so only on condition that he discloses the report

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll