Allen v Burne

Allen v Burne

The refusal to allow substitution of the claimant's general practice expert was a case management decision that did not infringe the claimant's right to a fair trial or preclude him from advancing his case. The claimant retains sufficient means to challenge the expert evidence, including through neurosurgical evidence and cross-examination of the respondent's expert with the disclosed report. There is no compelling reason to grant permission for a second appeal.

Parties
Applicant: Tyrone John Paul Allen; Respondent: Dr S. R. Burne
Jurisdiction
England and Wales
Judgment Date
29 February 2008
Procedural Posture
Civil Appeal (personal Injury, Medical Negligence) / Application for Permission to Appeal (second Appeal) From Case Management Decision
Outcome
Permission to appeal refused
Legal Topics
Expert Evidence, Case Management, Right to Fair Trial, Alternative Dispute Resolution
Civil Procedure Medical Negligence Expert Evidence Case Management Right to Fair Trial Alternative Dispute Resolution

Case Brief

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Parties

Tyrone John Paul Allen

Applicant

Dr S. R. Burne

Respondent

Procedural Posture

Civil Appeal (personal Injury, Medical Negligence) / Application for Permission to Appeal (second Appeal) From Case Management Decision

Legal Issues

  1. 1 Whether refusal to allow substitution of expert witness infringes right to fair trial
  2. 2 Whether the case management decision precludes a fair presentation of the claimant's case
  3. 3 Scope of rehearing de novo after remittal

Ratio Decidendi

The refusal to allow substitution of the claimant's general practice expert was a case management decision that did not infringe the claimant's right to a fair trial or preclude him from advancing his case. The claimant retains sufficient means to challenge the expert evidence, including through neurosurgical evidence and cross-examination of the respondent's expert with the disclosed report. There is no compelling reason to grant permission for a second appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused