Stallwood v David & Anor

Stallwood v David & Anor

Permission to rely on additional expert evidence should only be granted in rare cases where there is good reason to believe the original expert's change of opinion is not properly or fairly supported. In this case, due to the judge's conduct and the claimant's understandable sense of grievance, justice requires granting permission to rely on Mr. Horan's evidence.

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 / Judgment on Appeal Against Case Management Decision
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management, Loss of Earnings, Whiplash Injuries
Civil Procedure Personal Injury Expert Evidence Case Management Loss of Earnings Whiplash Injuries

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 3 Authorities cited 5 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 / Judgment on Appeal Against Case Management Decision

Legal Issues

  1. 1 Whether a party dissatisfied with the opinion of their expert after experts’ discussion can obtain permission to rely upon additional expert evidence
  2. 2 Whether the judge failed to consider all relevant matters in refusing permission to adduce further expert evidence

Ratio Decidendi

Permission to rely on additional expert evidence should only be granted in rare cases where there is good reason to believe the original expert's change of opinion is not properly or fairly supported. In this case, due to the judge's conduct and the claimant's understandable sense of grievance, justice requires granting permission to rely on Mr. Horan's evidence.

Court Disposition

Appeal allowed

Orders

  • Permission granted to the claimant to rely upon the expert evidence of Mr. Horan
  • Counsel to agree the terms of an order giving effect to the decision