The claimant in a personal injury action was examined for a medical report on behalf of the defendants. The defendants, being unhappy with the report sought a second examination, and were granted leave. The claimant now appealed that leave.
Held: Leave should only have been granted on condition that the defendant first disclose the medical report already obtained. This was necessary to avoid ‘expert-shopping’ and to avoid suspicions.
Judges:
Lord Philips of Worth Matravers, Simon Brown, Ward LJJ
Citations:
[2003] EWCA Civ 1043, Gazette 14-Aug-2003, Times 22-Jul-2003
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Sarah Lloyd Jones and others v T Mobile (Uk) Ltd CA 31-Jul-2003
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County . .
Applied – Hajigeorgiou v Vasiliou CA 10-Mar-2005
The landlord had been given permission by the court to adduce one unnamed expert. He obtained one report, but disliked it and sought another. The tenant objected and he was not allowed to rely upon the new report. He appealed judgment in favour of . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 07 June 2022; Ref: scu.184811
