PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

Nicos Varnavas Hajigeorgiou v Vassos Michael Vasiliou [2005] EWCA Civ 236
The court does not have the power under CPR 35.4 to direct whether parties can instruct experts, but to direct whether parties may call experts at trial. Where a direction gave the parties permission to ‘instruct one expert each’ in a particular field, the direction was in fact that each party may rely on one expert at trial. Additionally, if a party in this scenario had instructed an expert before the direction was given, but subsequently chose not to rely on that expert so instructed a second expert and chose to rely upon that second expert instead, they did not need further permission from the court.

August 4, 2013 · Editorial Team · Comments Closed
Posted in: News