Bulic v Harwoods & Ors [2012] EWHC 3657 (QB) (18 December 2012)

Bulic v Harwoods & Ors [2012] EWHC 3657 (QB) (18 December 2012)

The judge erred by focusing too narrowly on the 'exceptionality' test and failing to give sufficient weight to the technical and central nature of the issue; the claimant should be permitted to adduce his own expert evidence as required by the overriding objective.

Citation
[2012] EWHC 3657
Parties
Claimant/appellant: Zvonko Bulic; Defendant/respondent: Harwoods; Defendant/respondent: Santander Consumer (UK) PLC; Defendant/respondent: Jaguar Cars Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2012
Procedural Posture
Appeal / Appeal From Case Management Decision of Brighton County Court
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Appeals
Civil Procedure Expert Evidence Case Management Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Zvonko Bulic

Claimant/appellant

Harwoods

Defendant/respondent

Santander Consumer (UK) PLC

Defendant/respondent

Jaguar Cars Limited

Defendant/respondent

Procedural Posture

Appeal / Appeal From Case Management Decision of Brighton County Court

Legal Issues

  1. 1 Whether the claimant should be permitted to adduce his own expert evidence rather than being compelled to accept the opinion of a single joint expert
  2. 2 Whether the judge applied the correct legal test for disinstructing a single joint expert
  3. 3 Whether the issue was sufficiently substantial or technical to justify departure from the single joint expert norm

Ratio Decidendi

The judge erred by focusing too narrowly on the 'exceptionality' test and failing to give sufficient weight to the technical and central nature of the issue; the claimant should be permitted to adduce his own expert evidence as required by the overriding objective.

Court Disposition

Appeal allowed

Orders

  • Claimant permitted to adduce his own expert evidence from Dr Horace Stinton
  • Defendants permitted to rely on Mr Cookson as their own expert