Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392 (14 March 2012)
There was no flaw in District Judge Payne's exercise of discretion in refusing permission to change expert; the appellate court should not have interfered. The mere fact that a party's case would fail without a new expert does not justify a late change, especially where delay, cost, and the overriding objective are at stake.
- Citation
- [2012] EWCA Civ 392
- Parties
- Appellant: Guntrip; Respondent: Cheney Coaches Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 14 March 2012
- Procedural Posture
- Civil Appeal / Appeal From County Court to Court of Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Expert Evidence, Case Management Discretion, Change of Expert, Overriding Objective, Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Guntrip
Appellant
Cheney Coaches Ltd
Respondent
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Legal Issues
- 1 Whether the court should permit a party to change expert witness late in proceedings
- 2 Whether the appellate court was entitled to interfere with the case management discretion of the first instance judge
Ratio Decidendi
There was no flaw in District Judge Payne's exercise of discretion in refusing permission to change expert; the appellate court should not have interfered. The mere fact that a party's case would fail without a new expert does not justify a late change, especially where delay, cost, and the overriding objective are at stake.
Court Disposition
Appeal allowed
Orders
- Order of His Honour Judge Corrie set aside
- District Judge Payne's order refusing permission to change expert reinstated
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