Patricia Andrews and Ors v Kronospan Limited

Patricia Andrews and Ors v Kronospan Limited

The court revoked the Claimants’ permission to rely on Dr Gibson as expert due to serious and continuous breaches of CPR 35, Practice Direction 35, and guidance by both Dr Gibson and the Claimants’ solicitors, which undermined confidence in Dr Gibson’s independence and the integrity of the expert evidence process.

Parties
Claimant: Patricia Andrews and ors; Defendant: Kronospan Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2022
Procedural Posture
Group Litigation / Ruling on Application to Revoke Expert Evidence
Outcome
Permission to rely on Dr Gibson as expert revoked; Claimants may apply to rely on alternative expert evidence.
Legal Topics
Revocation of Expert Evidence, Expert Independence, Group Litigation, Public and Private Nuisance
Civil Procedure Expert Evidence Nuisance Revocation of Expert Evidence Expert Independence Group Litigation Public and Private Nuisance

Case Brief

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Parties

Patricia Andrews and ors

Claimant

Kronospan Limited

Defendant

Procedural Posture

Group Litigation / Ruling on Application to Revoke Expert Evidence

Legal Issues

  1. 1 Whether permission to rely on Dr Nigel Gibson as expert should be revoked due to improper communications with Claimants' solicitors during joint statement process
  2. 2 Appropriate sanction for breach of CPR 35 and Practice Direction 35 by expert and solicitors

Ratio Decidendi

The court revoked the Claimants’ permission to rely on Dr Gibson as expert due to serious and continuous breaches of CPR 35, Practice Direction 35, and guidance by both Dr Gibson and the Claimants’ solicitors, which undermined confidence in Dr Gibson’s independence and the integrity of the expert evidence process.

Court Disposition

Permission to rely on Dr Gibson as expert revoked; Claimants may apply to rely on alternative expert evidence.

Orders

  • Permission to rely on Dr Gibson as expert in dust analysis and dust modelling revoked.
  • Claimants permitted to apply to rely on newly appointed experts, subject to further directions at case management conference.