Corbin v Doryneck and Anor [2022] JRC 057 (02 March 2022)

Corbin v Doryneck and Anor [2022] JRC 057 (02 March 2022)

The application to admit the deceased expert's reports was refused because the court had exercised its power to limit each party to one expert witness, and admitting the reports would breach that order and distort the balance of expert evidence. There was no unfairness as each party could call one expert who could be cross-examined. The English authorities cited by the Plaintiff were not applicable as there is no equivalent rule in Jersey.

Citation
[2022] JRC 057
Parties
Plaintiff: Corbin; First Defendant: Dorynek; Second Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
02 March 2022
Procedural Posture
Civil / Interlocutory Application During Trial
Outcome
Application refused
Legal Topics
Admissibility of Expert Evidence, Hearsay Evidence, Limitation on Expert Witnesses
Civil Procedure Evidence Admissibility of Expert Evidence Hearsay Evidence Limitation on Expert Witnesses

Case Brief

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Parties

Corbin

Plaintiff

Dorynek

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether reports of a deceased expert witness should be admitted into evidence when a replacement expert has been appointed and the court has limited each party to one expert

Ratio Decidendi

The application to admit the deceased expert's reports was refused because the court had exercised its power to limit each party to one expert witness, and admitting the reports would breach that order and distort the balance of expert evidence. There was no unfairness as each party could call one expert who could be cross-examined. The English authorities cited by the Plaintiff were not applicable as there is no equivalent rule in Jersey.

Court Disposition

Application refused

Orders

  • Leave to admit Mr Pike's reports, supplemental report, and joint statement refused.