Hubbard & Ors v Lambeth Southwark & Lewisham Health Authority & Ors [2001] EWCA Civ 1455 (7 September 2001)

Hubbard & Ors v Lambeth Southwark & Lewisham Health Authority & Ors [2001] EWCA Civ 1455 (7 September 2001)

The court's discretion under CPR 35.12 to order meetings of experts should generally be exercised to facilitate narrowing of issues, even in complex clinical negligence cases, unless very good reasons are shown to the contrary. Sensitivity or professional relationships among experts, or the complexity of issues, do not constitute sufficient reasons to refuse such an order. The presence of lawyers at such meetings is not required unless justified by the circumstances; recording the meeting provides adequate safeguards.

Citation
[2001] EWCA Civ 1455
Parties
Claimant/appellant: Krister Jane Hubbard (By Janet Hubbard - Litigation friend); Claimant/appellant: James Michael Hubbard (By Janet Hubbard - Litigation friend); Claimant/appellant: Anne Louise Read; Defendant/respondent: Lambeth Southwark & Lewisham Health Authority; Defendant/respondent: West Kent Health Authority; Defendant/respondent: Bexley & Greenwich Health Authority
Jurisdiction
England and Wales
Judgment Date
07 September 2001
Procedural Posture
Appeal (civil) / Appeal From Order of Master Ungley in Queen's Bench Division
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Case Management, Meetings of Experts, Discretion Under CPR 35.12, Presence of Lawyers at Expert Meetings
Civil Procedure Clinical Negligence Expert Evidence Case Management Meetings of Experts Discretion Under CPR 35.12 Presence of Lawyers at Expert Meetings

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Parties

Krister Jane Hubbard (By Janet Hubbard - Litigation friend)

Claimant/appellant

James Michael Hubbard (By Janet Hubbard - Litigation friend)

Claimant/appellant

Anne Louise Read

Claimant/appellant

Lambeth Southwark & Lewisham Health Authority

Defendant/respondent

West Kent Health Authority

Defendant/respondent

Bexley & Greenwich Health Authority

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Order of Master Ungley in Queen's Bench Division

Legal Issues

  1. 1 Whether the court should order meetings of experts in clinical negligence cases where not all parties agree
  2. 2 Whether lawyers should be present at such meetings
  3. 3 Whether Article 6 ECHR is engaged by such orders

Ratio Decidendi

The court's discretion under CPR 35.12 to order meetings of experts should generally be exercised to facilitate narrowing of issues, even in complex clinical negligence cases, unless very good reasons are shown to the contrary. Sensitivity or professional relationships among experts, or the complexity of issues, do not constitute sufficient reasons to refuse such an order. The presence of lawyers at such meetings is not required unless justified by the circumstances; recording the meeting provides adequate safeguards.

Court Disposition

Appeal dismissed

Orders

  • Order of Master Ungley affirmed: meetings of experts to proceed as ordered, without lawyers present unless otherwise agreed; meetings to be tape recorded; no order as to costs