MP v Kent Healthcare NHS Trust [2001] EWCA Civ 1703 (5 November 2001)

MP v Kent Healthcare NHS Trust [2001] EWCA Civ 1703 (5 November 2001)

A party may never, without the consent of the other party, have sole access to a single joint expert. The Civil Procedure Rules and associated guidance require openness and joint participation in dealings with single joint experts. Private conferences with a single joint expert are inconsistent with the expert's duty to both parties and the court, and undermine the integrity of the process.

Citation
[2001] EWCA Civ 1703
Parties
Appellant/claimant: M P (through his father and Litigation Friend RJP); Respondent/defendant: Mid Kent Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
05 November 2001
Procedural Posture
Appeal From High Court (queen's Bench Division) / Appeal Against Master's Order Regarding Expert Evidence Procedure
Outcome
Appeal dismissed with costs.
Legal Topics
Expert Evidence, Single Joint Expert, Civil Procedure Rules, Costs Control, Non Medical Expert Evidence
Civil Procedure Medical Negligence Expert Evidence Single Joint Expert Civil Procedure Rules Costs Control Non Medical Expert Evidence

Case Brief

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Parties

M P (through his father and Litigation Friend RJP)

Appellant/claimant

Mid Kent Healthcare NHS Trust

Respondent/defendant

Procedural Posture

Appeal From High Court (queen's Bench Division) / Appeal Against Master's Order Regarding Expert Evidence Procedure

Legal Issues

  1. 1 Whether a party may have unilateral access to a single joint expert without the consent of the other party
  2. 2 Whether a conference with a single joint expert may be held in the absence of the other party's representatives

Ratio Decidendi

A party may never, without the consent of the other party, have sole access to a single joint expert. The Civil Procedure Rules and associated guidance require openness and joint participation in dealings with single joint experts. Private conferences with a single joint expert are inconsistent with the expert's duty to both parties and the court, and undermine the integrity of the process.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs awarded against the appellant.