De Bastos -v- Apex Contracts Limited [2010] JRC 149 (16 August 2010)

De Bastos -v- Apex Contracts Limited [2010] JRC 149 (16 August 2010)

The court has no power to admit a joint expert report as oral evidence without the consent of both parties. Oral evidence from the experts is required, and the plaintiff is entitled to examine them in court.

Citation
[2010] JRC 149
Parties
Plaintiff: Plaintiff (unnamed building labourer); Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
16 August 2010
Procedural Posture
Personal Injuries Claim / Pre Trial Directions Hearing
Outcome
Application to admit joint expert report as oral evidence without consent refused.
Legal Topics
Expert Evidence, Admissibility of Joint Expert Report, Costs, Oral Evidence
Personal Injury Civil Procedure Expert Evidence Admissibility of Joint Expert Report Costs Oral Evidence

Case Brief

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Parties

Plaintiff (unnamed building labourer)

Plaintiff

Defendant (unnamed)

Defendant

Procedural Posture

Personal Injuries Claim / Pre Trial Directions Hearing

Legal Issues

  1. 1 Whether joint expert report can be admitted as oral evidence without consent
  2. 2 Whether experts must attend court for oral examination

Ratio Decidendi

The court has no power to admit a joint expert report as oral evidence without the consent of both parties. Oral evidence from the experts is required, and the plaintiff is entitled to examine them in court.

Court Disposition

Application to admit joint expert report as oral evidence without consent refused.

Orders

  • Neurological experts must attend court to give oral evidence and be questioned.