header-logo header-logo

15 October 2021 / Dr Chris Pamplin
Issue: 7952 / Categories: Features , Profession , Expert Witness
printer mail-detail

Expert witness: Admitting late expert evidence

60713
Dr Chris Pamplin finds courts are less draconian on delays in evidence where parties are not at fault
  • Although the courts continue to take a dim view of delay in presenting expert evidence, there can be exceptions when the admission of the evidence is practical, relevant and proportionate.

Admitting expert evidence very late in the day is a fraught business. In Shetty v Pennine Acute Hospitals NHS Trust [2014] 2 WLUK 970, the court ruled on appeal against a refusal to allow permission to rely on the evidence of an additional expert witness, even though the evidence was served ten months after expiry of the court’s time limit.

If there is no fault in the delay

The Court of Appeal was mindful that the witness statement was ten months late. Indeed, in the light of the amended Civil Procedure Rule 3.9, there was pressure to disallow such late evidence. However, it was necessary to determine whether the party seeking to adduce the late evidence was at fault.

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll