Hajigeorgiou v Vasiliou [2005] EWCA Civ 236 (10 March 2005)

Hajigeorgiou v Vasiliou [2005] EWCA Civ 236 (10 March 2005)

Where a case management order grants permission to rely on an expert by field and not by name, a party does not require further court permission to change experts within that field. If, however, permission is required to substitute experts, the court is entitled to require disclosure of the previous expert's report to prevent expert shopping.

Citation
[2005] EWCA Civ 236
Parties
Appellant/defendant: Nicos Varnavas Hajigeorgiou; Respondent/claimant: Vassos Michael Vasiliou
Jurisdiction
England and Wales
Judgment Date
10 March 2005
Procedural Posture
Civil Appeal / Appeal From Case Management Directions in Central London County Court
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Legal Professional Privilege, Case Management, Expert Shopping
Civil Procedure Expert Evidence Legal Professional Privilege Case Management Expert Shopping

Case Brief

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Parties

Nicos Varnavas Hajigeorgiou

Appellant/defendant

Vassos Michael Vasiliou

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Case Management Directions in Central London County Court

Legal Issues

  1. 1 Whether a party needs court permission to change experts when the original order does not name the expert but only the field of expertise
  2. 2 Whether the court can require disclosure of a previous expert's report as a condition for permitting reliance on a new expert

Ratio Decidendi

Where a case management order grants permission to rely on an expert by field and not by name, a party does not require further court permission to change experts within that field. If, however, permission is required to substitute experts, the court is entitled to require disclosure of the previous expert's report to prevent expert shopping.

Court Disposition

Appeal allowed

Orders

  • Paragraph 4 of the order dated 2 December 2004 is deleted.
  • Respondent/Claimant to pay the costs of the appeal assessed at £10,310.63 inc VAT or subject to detailed assessment on the standard basis.