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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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