header-logo header-logo

Late service of expert evidence

23 June 2023 / Dr Chris Pamplin
Issue: 8030 / Categories: Features , Profession , Expert Witness , Procedure & practice , CPR
printer mail-detail
The court remains loathe to admit late expert evidence, no matter its importance in determining the overall issues: Chris Pamplin questions whether there is a need for a more balanced approach
  • There is arguably a balance to be struck between application of the strict rules of civil procedure, and the admission of late or defective expert evidence which may be of critical importance in the determination of the issues of a case.

On 1 April 2013, a new regime relating to costs in civil litigation was brought in by Lord Justice Jackson’s final report into civil litigation costs. Among other things, this heralded a reformulated relief from sanctions provision under CPR 3.9. The intention was to make the courts more costs-conscious.

Following hot on the heels of the reforms, the Court of Appeal made clear in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov) that the courts were entering a new and stricter era: adherence to the CPR

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll