Guntrip v Cheney Coaches Ltd

Guntrip v Cheney Coaches Ltd

There was no flaw in the first instance judge's exercise of discretion in refusing permission to change expert; the appellate court should not have interfered. The appeal was allowed, restoring the original refusal to permit the change of expert.

Parties
Appellant: Guntrip; Respondent: Cheney Coaches Ltd
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Civil Appeal / Appeal From Case Management Decision
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Case Management Discretion, Change of Expert, Overriding Objective, Late Amendments
Civil Procedure Expert Evidence Case Management Discretion Change of Expert Overriding Objective Late Amendments

Case Brief

Summary, issues, holding and outcome

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Parties

Guntrip

Appellant

Cheney Coaches Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Case Management Decision

Legal Issues

  1. 1 Whether the claimant should be permitted to change expert witness at a late stage in proceedings
  2. 2 Whether the appellate court was entitled to interfere with the first instance judge's exercise of discretion in refusing permission to change expert

Ratio Decidendi

There was no flaw in the first instance judge's exercise of discretion in refusing permission to change expert; the appellate court should not have interfered. The appeal was allowed, restoring the original refusal to permit the change of expert.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; first instance decision refusing permission to change expert restored.