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11 October 2018 / Dr Chris Pamplin
Issue: 7812 / Categories: Features , Expert Witness
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A race against time

Are the courts softening their approach to late changes to experts? Dr Chris Pamplin reports

There is a heavy burden on a party looking to change expert late in the day which, save in exceptional circumstances, will be difficult to discharge. However, there has been a steady stream of cases where the court has accepted that the particular circumstances of the case justify the application.

Guntrip : setting the bar high

The often-quoted authority of the Court of Appeal’s decision in Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392 emphasises the nature of the burden. In that case, the decision of a trial judge to refuse permission to instruct new experts following a joint statement that was unfavourable to the claimant was upheld. However, this must be weighed against, and contrasted with, the decision in Edwards-Tubb v JD Wetherspoon plc [2011] EWCA Civ 136, [2011] All ER (D) 276 (Feb), which established that, in the ordinary course of events, a party should not be forced to rely on the evidence of an expert

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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