Beck v Ministry of Defence

Beck v Ministry of Defence

Permission to instruct a new expert should be conditional on disclosure of the previous expert's report to prevent expert shopping and ensure transparency; the appeal is allowed only to the extent of imposing this condition.

Parties
Claimant/appellant: Gary Beck; Defendant/respondent: The Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
11 June 2003
Procedural Posture
Civil Appeal / Second Appeal From Interlocutory Case Management Decision
Outcome
Appeal allowed to a limited extent
Legal Topics
Expert Evidence, Substitution of Expert Witnesses, Disclosure Obligations, Case Management Discretion
Civil Procedure Medical Negligence Expert Evidence Substitution of Expert Witnesses Disclosure Obligations Case Management Discretion

Case Brief

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Parties

Gary Beck

Claimant/appellant

The Ministry of Defence

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From Interlocutory Case Management Decision

Legal Issues

  1. 1 Whether a party may substitute one expert for another without disclosing the first expert's report
  2. 2 Whether disclosure of the first expert's report should be a condition for instructing a new expert

Ratio Decidendi

Permission to instruct a new expert should be conditional on disclosure of the previous expert's report to prevent expert shopping and ensure transparency; the appeal is allowed only to the extent of imposing this condition.

Court Disposition

Appeal allowed to a limited extent

Orders

  • Dr Goodhead's report and any documents relating thereto to be disclosed in accordance with the CPR
  • No order as to costs of the appeal