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 the tenant.
Held: A party in such a position was entitled to obtain a second expert’s opinion and to rely upon it, but had a duty to disclose the first report also. It would not be right to try to hold the first order not naming an expert to be in error.
Citations:
[2005] EWCA Civ 236, Times 22-Mar-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Beck v Ministry of Defence CA 11-Jun-2003
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.
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules
Updated: 29 June 2022; Ref: scu.223358