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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll