Daniels v Walker [2000] EWCA Civ 508 (03 May 2000)

Daniels v Walker [2000] EWCA Civ 508 (03 May 2000)

Where a joint expert report is obtained, a party is not precluded from seeking further expert evidence if, for non-fanciful reasons, they are dissatisfied with the report, especially in cases involving substantial sums. The court should exercise discretion, but in such cases, it is reasonable to allow examination by another expert. The Human Rights Act and Article 6 are irrelevant to such case management decisions.

Citation
[2000] EWCA Civ 508
Parties
Claimant/respondent: Frederick Mark Walker; Defendant/appellant: D
Jurisdiction
England and Wales
Judgment Date
03 May 2000
Procedural Posture
Civil Appeal / Appeal From Case Management Decision in Queen's Bench Division
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Costs, Human Rights Arguments
Civil Procedure Expert Evidence Case Management Costs Human Rights Arguments

Case Brief

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Parties

Frederick Mark Walker

Claimant/respondent

D

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Case Management Decision in Queen's Bench Division

Legal Issues

  1. 1 Whether the defendant should be permitted to have the claimant examined by an additional occupational therapist after a joint expert report has been obtained
  2. 2 Whether refusal to allow such examination contravenes Article 6 of the European Convention on Human Rights

Ratio Decidendi

Where a joint expert report is obtained, a party is not precluded from seeking further expert evidence if, for non-fanciful reasons, they are dissatisfied with the report, especially in cases involving substantial sums. The court should exercise discretion, but in such cases, it is reasonable to allow examination by another expert. The Human Rights Act and Article 6 are irrelevant to such case management decisions.

Court Disposition

Appeal allowed

Orders

  • Defendant permitted to have claimant examined by Miss Andrea Grindley, occupational therapist.
  • Defendant to pay costs of the appeal, subject to detailed assessment.