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31 March 2011 / Catherine Urquhart , Johnathan Payne
Issue: 7459 / Categories: Features
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Closing down sale

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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

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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