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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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