Edwards v Bruce & Hyslop (Brucast) Ltd [2009] EWHC 2970 (QB) (13 November 2009)

Edwards v Bruce & Hyslop (Brucast) Ltd [2009] EWHC 2970 (QB) (13 November 2009)

The existence of secret, unilateral communications between the defendant's solicitor and the single joint expert tainted the independence of the expert's report, making it manifestly unjust to deny the claimant permission to rely on its own expert. The trial judge's case management decision was within the proper ambit of discretion and cannot be disturbed on appeal.

Citation
[2009] EWHC 2970
Parties
Appellant/defendant: Peter Morris Edwards; Respondent/claimant: Bruce & Hyslop (Brucast) Ltd
Jurisdiction
England and Wales
Judgment Date
13 November 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal (interlocutory Order)
Outcome
Application for permission to appeal dismissed
Legal Topics
Single Joint Expert, Case Management Discretion, Expert Independence, Costs Proportionality
Civil Procedure Expert Evidence Single Joint Expert Case Management Discretion Expert Independence Costs Proportionality

Case Brief

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Parties

Peter Morris Edwards

Appellant/defendant

Bruce & Hyslop (Brucast) Ltd

Respondent/claimant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (interlocutory Order)

Legal Issues

  1. 1 Whether the trial judge erred in permitting the claimant to rely on its own expert evidence after secret communications between the defendant's solicitor and the single joint expert.
  2. 2 Whether the usual rule of a single joint expert in modest claims should be departed from due to tainted expert evidence.
  3. 3 Whether the judge's case management decision was plainly wrong or outside the ambit of discretion.

Ratio Decidendi

The existence of secret, unilateral communications between the defendant's solicitor and the single joint expert tainted the independence of the expert's report, making it manifestly unjust to deny the claimant permission to rely on its own expert. The trial judge's case management decision was within the proper ambit of discretion and cannot be disturbed on appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • No transfer to another judge