BVC Civil Procedure Evidence in Civil Proceedings Part 2.

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Evidence In Civil Proceedings Part 1

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Presentation transcript:

BVC Civil Procedure Evidence in Civil Proceedings Part 2

Expert evidence Governed mainly by CPR 35 s3 CEA 1972 Issues must be relevant (court can exclude it pursuant to CPR 3.1(2) (k) ) expert must be properly qualified Fuller v Strum [2002] 2 All ER 87

Pre actions Parties should try to agree an expert Carlson v Townsend [2001] 3 All ER 663 Parties should nominate experts they want to use (PI Pre Action Protocol 3.18)

Experts during proceedings The parties are allowed in FT cases 1 expert per party per field and up to 2 fields. No limit on the multi track - proportionality (S v Chesterfield and North Derbyshire Royal Hospital NHS Trust [2003] EWCA Civ 1284.

Experts during proceedings Court-appointed joint experts (CPR 35.7) Can allow parties to choose one (35.8) Court can order that evidence is not to be relied upon - Jones v Sherwood Computer plc [1992] 1 WLR 277 Daniels v Walker [2000] 1 WLR 1382 – factors to consider

Experts during proceedings Cosgrove v Pattison (2001) LTL 7th Feb - other factors: (i) the nature of the issue or issues; (ii) the number of issues; (iii) the reason for requiring the new expert; (iv) the amount at stake/issues at stake; (v) the effect of permitting one party to call further expert evidence; (vi) any delay caused (vii) any other special features; (viii) the overall justice to the parties in the context of the litigation.

Experts during proceedings Peet v Mid-Kent Healthcare Trust [2002] 3 All ER 688 Other requirements (PD 35) 2.1 and 2 Cannot depart substantially from report - DN v London Borough of Greenwich [2005] 1 FCR 112

Experts during proceedings Doubts about impartiality - Stevens v Gullis and Pile [2000] 1 All ER 527 Wasted costs orders can be granted - Phillips v Symes The Times 5th Nov2004 Could instruct own employees (Field v Leeds CC (2000) 17 EG 165 ) or self (DN) Privilege: 35.10(4)/ PD 35.4

Experts during proceedings Exchange of reports - Rayment v M.O.D Times July 6th 1998 Meetings (35.12) and questions may be permitted - Mutch v Allen [2001] EWCA Civ 76 Instructing party generally pays costs - PD