ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003

The claimant sought damages alleging that she had been injured by the defendants’ negligence in conducting her birth. The parties sought determination of whether the court should restrict the number of expert witnesses.
Held: Nothing in the rules set a specific limit of one such witness. Where the question was substantial and complex, the overriding objective required the court to keep a balance between the parties. Inevitably the defence would include evidence from the doctors themselves, and the claimant was not to be limited too strictly.

Citations:

[2003] EWCA Civ 1284, Gazette 02-Oct-2003

Links:

Bailii

Statutes:

Civil Procedure Rules 35.1

Jurisdiction:

England and Wales

Professional Negligence, Litigation Practice, Civil Procedure Rules

Updated: 05 November 2022; Ref: scu.186539