Stallwood v David & Anor [2006] EWHC 2600 (QB) (25 October 2006)

Stallwood v David & Anor [2006] EWHC 2600 (QB) (25 October 2006)

Permission to adduce additional expert evidence may be granted only where there is good reason to believe the original expert's changed opinion is not properly or fairly supported; in this case, the special circumstances of the judge's conduct and the resulting sense of grievance justified granting permission.

Citation
[2006] EWHC 2600
Parties
Claimant/appellant: Mary Stallwood; Defendant/respondent: G. H. David; Defendant/respondent: M. Adamson
Jurisdiction
England and Wales
Judgment Date
25 October 2006
Procedural Posture
Appeal / Appeal Against Case Management Decision Refusing Permission to Adduce Additional Expert Evidence
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Civil Procedure Rules, Appeals
Civil Procedure Personal Injury Expert Evidence Case Management Civil Procedure Rules Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mary Stallwood

Claimant/appellant

G. H. David

Defendant/respondent

M. Adamson

Defendant/respondent

Procedural Posture

Appeal / Appeal Against Case Management Decision Refusing Permission to Adduce Additional Expert Evidence

Legal Issues

  1. 1 Whether a party dissatisfied with their expert's changed opinion after an experts' discussion can obtain permission to rely on additional expert evidence
  2. 2 Whether the judge erred in refusing permission to adduce evidence from a new expert

Ratio Decidendi

Permission to adduce additional expert evidence may be granted only where there is good reason to believe the original expert's changed opinion is not properly or fairly supported; in this case, the special circumstances of the judge's conduct and the resulting sense of grievance justified granting permission.

Court Disposition

Appeal allowed

Orders

  • Claimant granted permission to rely on the expert evidence of Mr. Horan
  • Parties to agree the terms of the order giving effect to the decision