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

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

Permission to rely on additional expert evidence should only be granted in rare cases where there is good reason to doubt the revised opinion of the original expert; in this case, special circumstances relating to the manner of the hearing and the claimant's sense of grievance justify granting permission.

Citation
[2006] EWHC 2600 (QB)
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 From County Court (personal Injury) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Loss of Earnings, Whiplash Injury
Civil Procedure Personal Injury Expert Evidence Case Management Loss of Earnings Whiplash Injury

Case Brief

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Parties

Mary Stallwood

Claimant/appellant

G. H. David

Defendant/respondent

M. Adamson

Defendant/respondent

Procedural Posture

Appeal From County Court (personal Injury) / Appeal Judgment

Legal Issues

  1. 1 Whether a party dissatisfied with their expert's opinion after expert discussion can obtain permission to rely on additional expert evidence
  2. 2 Appropriateness of granting permission for further expert evidence under CPR 35

Ratio Decidendi

Permission to rely on additional expert evidence should only be granted in rare cases where there is good reason to doubt the revised opinion of the original expert; in this case, special circumstances relating to the manner of the hearing and the claimant's sense of grievance justify granting permission.

Court Disposition

Appeal allowed

Orders

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