In medical negligence cases, where non-medical expert evidence was ordered to be provided to the court on a joint basis, as should normally be the case, it would be inappropriate for that expert to be cross examined by either of the parties, and nor should that expert meet with either of the parties not in the presence of the other. This was against the protocol published by the Academy of Experts.
Lord Woolf, Lord Chief Justice, Lord Justice Simon Brown and Lord Justice Buxton
Times 19-Nov-2001, Gazette 14-Dec-2001, [2001] EWCA Civ 1703, [2002] CPLR 27, (2002) 65 BMLR 43, [2002] Lloyd’s Rep Med 33, [2002] 3 All ER 688, [2002] 1 WLR 210
Bailii
Civil Procedure Rules 35.7
England and Wales
Cited by:
Cited – Childs and Another v Vernon CA 16-Mar-2007
The parties disputed the boundary between their properties, alleging various trespasses. The judge ordered a single expert witness. The court had been unable to establish the line of the boundary from the conveyances or the Land Registry plans. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Personal Injury, Professional Negligence
Leading Case
Updated: 01 November 2021; Ref: scu.166835