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11 January 2007
Issue: 7255 / Categories: Case law , Law digest
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Civil litigation

Stallwood v David; Stallwood v
Adamson [2006] EWHC 2600 (QB), [2006] All ER (D) 286 (Oct):

CPR 35 does not rule out the granting of permission to call a further expert following an experts’ discussion.

It would, however, rarely be appropriate. Where a court is asked for permission to adduce expert evidence from a new expert in circumstances where applicants are dissatisfied with the opinion of their own expert following the experts’ discussion, it should do so only where there is good reason to suppose that the applicants’ first expert had agreed with the expert instructed by the other side, or had modified their opinion, for reasons which could not properly or fairly support the revised opinion.

Such reasons would include when experts had clearly stepped outside their expertise or brief, or otherwise had shown themselves to be incompetent. Where good reason is shown, the court has to consider whether, having regard to all the circumstances of the case and the overriding objective, it could properly be said that further expert evidence is reasonably required to resolve the proceedings.

Issue: 7255 / Categories: Case law , Law digest
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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