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11 October 2018 / Dr Chris Pamplin
Issue: 7812 / Categories: Features , Expert Witness
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A race against time

Are the courts softening their approach to late changes to experts? Dr Chris Pamplin reports

There is a heavy burden on a party looking to change expert late in the day which, save in exceptional circumstances, will be difficult to discharge. However, there has been a steady stream of cases where the court has accepted that the particular circumstances of the case justify the application.

Guntrip : setting the bar high

The often-quoted authority of the Court of Appeal’s decision in Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392 emphasises the nature of the burden. In that case, the decision of a trial judge to refuse permission to instruct new experts following a joint statement that was unfavourable to the claimant was upheld. However, this must be weighed against, and contrasted with, the decision in Edwards-Tubb v JD Wetherspoon plc [2011] EWCA Civ 136, [2011] All ER (D) 276 (Feb), which established that, in the ordinary course of events, a party should not be forced to rely on the evidence of an expert

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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