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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 has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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