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Civil litigation

11 January 2007
Issue: 7255 / Categories: Case law , Law digest
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Stallwood v David; Stallwood v
Adamson [2006] EWHC 2600 (QB), [2006] All ER (D) 286 (Oct):

CPR 35 does not rule out the granting of permission to call a further expert following an experts’ discussion.

It would, however, rarely be appropriate. Where a court is asked for permission to adduce expert evidence from a new expert in circumstances where applicants are dissatisfied with the opinion of their own expert following the experts’ discussion, it should do so only where there is good reason to suppose that the applicants’ first expert had agreed with the expert instructed by the other side, or had modified their opinion, for reasons which could not properly or fairly support the revised opinion.

Such reasons would include when experts had clearly stepped outside their expertise or brief, or otherwise had shown themselves to be incompetent. Where good reason is shown, the court has to consider whether, having regard to all the circumstances of the case and the overriding objective, it could properly be said that further expert evidence is reasonably required to resolve the proceedings.

Issue: 7255 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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