Bulter v Mount Vernon & Watford General Hospital NHS Trust [2002] EWCA Civ 1368 (25 September 2002)

Bulter v Mount Vernon & Watford General Hospital NHS Trust [2002] EWCA Civ 1368 (25 September 2002)

Application for permission to appeal refused because the evidence of Dr Kocen was agreed, the application to adduce further expert evidence was made too late, delay and additional costs were material considerations, and no important point of principle or compelling reason was raised.

Citation
[2002] EWCA Civ 1368
Parties
Claimant/applicant: Shirley Maureen Bulter; Defendant/respondent: Mount Vernon and Watford General Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
25 September 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Expert Evidence, Permission to Appeal, Causation, Conditional Fee Agreements, Proportionality, Case Management
Civil Procedure Employment Law Personal Injury Expert Evidence Permission to Appeal Causation Conditional Fee Agreements Proportionality +1 more

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Parties

Shirley Maureen Bulter

Claimant/applicant

Mount Vernon and Watford General Hospital NHS Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission should be granted to appeal the refusal to allow defendant to adduce further expert evidence
  2. 2 Status and handling of single joint expert evidence
  3. 3 Appropriateness and timing of applications to rely on additional expert evidence

Ratio Decidendi

Application for permission to appeal refused because the evidence of Dr Kocen was agreed, the application to adduce further expert evidence was made too late, delay and additional costs were material considerations, and no important point of principle or compelling reason was raised.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused