Hinson v Hare Realizations Ltd (2) [2020] EWHC 2386 (QB) (07 September 2020)

Hinson v Hare Realizations Ltd (2) [2020] EWHC 2386 (QB) (07 September 2020)

The learned Recorder's refusal to adjourn and permit reliance on an alternative expert was a proper exercise of discretion, balancing all relevant factors including the overriding objective, lateness of application, value of the claim, and interests of justice. No error of law or misdirection occurred.

Citation
[2020] EWHC 2386 (QB)
Parties
Claimant/appellant: James Hinson; Defendant/respondent: Hare Realizations Limited
Jurisdiction
England and Wales
Judgment Date
07 September 2020
Procedural Posture
Appeal / Appeal From County Court Decision Refusing Adjournment and Permission to Rely on Alternative Expert
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Noise Induced Hearing Loss, Adjournment, Discretion, Overriding Objective
Civil Procedure Personal Injury Expert Evidence Noise Induced Hearing Loss Adjournment Discretion Overriding Objective

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Parties

James Hinson

Claimant/appellant

Hare Realizations Limited

Defendant/respondent

Procedural Posture

Appeal / Appeal From County Court Decision Refusing Adjournment and Permission to Rely on Alternative Expert

Legal Issues

  1. 1 Whether the court should allow a party to abandon a single joint expert and rely on their own expert evidence
  2. 2 Whether the refusal to adjourn and permit alternative expert evidence was a proper exercise of discretion

Ratio Decidendi

The learned Recorder's refusal to adjourn and permit reliance on an alternative expert was a proper exercise of discretion, balancing all relevant factors including the overriding objective, lateness of application, value of the claim, and interests of justice. No error of law or misdirection occurred.

Court Disposition

Appeal dismissed

Orders

  • No permission to rely on alternative expert
  • No adjournment of trial